IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14959 of 2009 1. RAMJEE PRASAD, Son of late Gopal Sah, 2. Abdul Bari Mian, son of late Sukhal Mian, 3. Md. Jallaluddin, son of late Mohammad Mian, 4. Tarkeshwar Prasad, son of late Chandrabhushan Lal, All are residents of Village- Rajwatiya, Police Station- Bagaha, District- West Champaran. 5. Om Prakash Prasad, son of late Gorakh Prasad, resident of Village- Naya Tola (Ratanmala), Police Station- Bagaha, District- West Champaran :--- Petitioners. Versus 1. THE STATE OF BIHAR The Collector, West Champaran at Bettiah. 3. The Sub-Divisional Officer, Bagaha, District- West Champaran. 4. The Deputy Collector Land Reforms, Bagaha, District- West Champaran. 5. The Circle Officer, Bagaha-1, District- West Champaran. 6. Akhilesh Ansari, son of Md. Hakim. 7. Ali Akhtar Ansari, son of Md. Hakim Ansari. 8. Md. Alaham Ansari, son of Md. Hakim Ansari, 9. Adalat Mian, son of Md. Bolayat Mian, 10. Kishun Bin don of Dhorha Bin 11. Heera Bin son of Belas Bin 12. Mangal Bin, son of Nathuni Bin 13. Manager Bin son of Kishun Bin 14. Paras Bin son of Ram Awtar Bin. 15. Mishri Bin, son of Sakir Bin. 16. Naresh Bin, son of Briksha Bin, 17. Asharfi Bin, son of Dular Bin. 18. Daroga Bin, son of Dular Bin. 19. Laljee Bin, son of Belas Bin. 20. Sukai Bin, son of Geeta Bin, 21. Kedar Bin, son of Purnamasi Bin. 22. Mosmat Galgodari wife of Jawahir Bin 23. Mosmat Pawdhari wife of Banshi Baitha 24. Binod Ram, son of Manni Ram. 25. Banshi Ram, son of Mahesh Ram. 26. Mukun Ram, son of Ramfal Ram. 27. Chandi Mushahar, son of Fagu Mushahar. 28. Mosmat Chhathiya, wife of Chhathu Mushahar. 29. Kashi Mushahar, son of Sita Mushahar. 30. Tufan Mushahar, son of Radha Mushahar. 31. Neur Chaudhary, son of Dipan Chaudhary. 32. Kesh Chaudhary, son of Dipan Chaudhary. 33. Ghughali Chaudhary, son of Sahdeo Chaudhary. 34. Aganu Chaudhary, Son of Triveni Chaudhary 35. Chhotelal Turha, son of Harihar Turha. 36. Bachcha Turha, son of Rajbanshi Turha. 37. Sita Devi, wife of Dinesh Thakur. 38. Kedar Turha, son of Bindeshwari Turha, 39. Rajdhari Yadav, son of Baban Yadav. 40. Baleshwar Yadav, son of Jawahir Yadav. 41. Raghunath Sah, son of Binesari Sah, 6 to 41 are residents of Village- Rajwatiya, Police Station- Bagaha, District- West Champaran :--- Respondents. ----------- 02. 09.11.2009. Heard learned counsel for the petitioners and the State. - 2 - 2. Petitioners are resident of Village- Piparia. They have filed this writ application asserting that the Circle Officer, Bagaha-1, West Champaran, in case no. 2/2008-09, has proceeded to settle Plot Nos. 311 and 319 appertaining to Khata No. 340 of Village- Piparia which is recorded in the Khatian as a Canal and village-road with the private respondents with liberty to the private respondents to raise their houses over the land settled with them. It is submitted on behalf of the petitioners that in case the private respondents are landless, they may be settled with some other lands but the lands-in-question which is for the general use of the villagers i.e. for the purpose of Canal and pathway should not have been settled with them. 3. Having heard the counsel for the petitioners and the State, I direct the petitioners to approach the Collector, West Champaran at Bettiah, Respondent No.2 who should call for the record of the settlement case whereunder the aforesaid two plots have been settled with the private respondents and verify for himself whether the two plots are recorded as a public canal and path way for the use of the villagers and if that be so then appropriate orders annulling the settlement in favour of the private respondents be passed by the Collector, of course, after hearing the private respondents. Let the petitioners appear before the Collector and file a petition annexing a certified copy of this order as also apply for interim relief so that no permanent construction is raised in the meanwhile by the private respondents until the matter is finally decided by the Collector in compliance of this order. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)