IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.357 of 2009 1. RAJDEO MAHTO son of Late Jhulan Mahto 2. Palat Mahto son of Jag Mahto 3. Prem Narayan Mahto son of Late Puranmasi Mahto 4. Dinesh Mahto son of Rajdeo Mahto 5. Chandia Devi wife of Prem Narayan Mahto 6. Mostt. Bechani Devi wife of Late Aasdeo Mahto 7. Bhutan Mian son of Wasir Mian 8. Ramjit Mahto son of Bhola Mahto 9. Bhagirath Mahto son of Bhola Mahto 10. Chandan Mahto son of Jag Mahto 11. Mostt. Hussain Bano widow of Late Roshe Mian All resident of village-Laxmipur, P.O.- Jamunia, P.S. Suhadra, District-West Champaran (Bettiah) .. Petitioners/Appellants Versus 1. THE STATE OF BIHAR 2. Additional Member, Board of Revenue, Bihar, Patna 3. District Magistrate-cum-Collector, West Champaran at Bettiah 4. Additional Collector, West Champaran, Bettiah 5. Circle Officer, Gounaha Anchal, District-West Champaran, Bettiah 6. Prabhu Jha son of Kedar Jha, resident of village- Bilaspur, P.S. Ram Nagar, District-West Champaran, Bettiah 7. Neetu Kumari daughter of Bishambhar Rai, resident of village-Bilaspur, P.S.Ramnagar District West Champaran, Bettiah … Respondents/Respondents With LPA No.358 of 2009 1. GIRJA DEVI, wife of Lal Bahadur Mahto, resident of village-Lakshmipur, P.S. Suhadra, District-West Champaran 2. Palat Mahto son of Late Raghu Mahto 3. Nageshwar Mahto son of Late Sukhram Mahto 4. Shrawan Mahto son of Late Suba Mahto 5. Budheshwar Mahto son of Palat Mahto 6. Bishwanath Thakur son of Late Amar Thakur 7. Lallu Thakur son of Bishwanath Thakur 8. Most. Loudi wife of Late Tulsi Mahto 9. Smt Rambha Devi wife of Jalu Mahto 10. Shambhu Mahto son of Bhagauti Mahto 11. Rameshwar Mahto son of Late Sankahi Mahto 12. Bhola Mahto son of Ram Ishwar Mahto 13. Mahesh Mahto son of Late Regahi Mahto 2 14. Rupa Mahto son of Late Sheonath Mahto 15. Babu Lal Ram son of Nathuni Ram 16. Birendra Ram son of Babu Lal Ram 17. Dhupan Manjhi son of Late Bagar Manjhi 18. Mamraksha Manjhi son of Late Bagar Manjhi 19. Ratan Thakur son of Shesh Nath Thakur 20. Radhe Shyam Thakur son of Shesh Nath Thakur 21. Prabhu Mahto son of Bhagauti Mahto 22. Om Prakash Choudhary son of triveni Choudhary 23. Mathura Baitha son of Sajawal Baitha 24. Suryadeo Ram son of Nathuni Ram 25. Most. Kamali Devi wife of Late Raghu Mahto 26. Thagni Devi wife of Nagendra Mahto 27. Munna Ram son of Babu Lal Ram 28. Ram Naresh Ram son of Babu Lal Ram 29. Khuba Mahto son of Late Nathuni Mahto 30. Mahendra Mahto son of Late Budhan Mahto @ Bhulan Mahto All resident of village-Laxmipur, P.O. Jamunia, P.S. Subhadra, District-West Champaran (Bettiah) … Petitioners/Appellants Versus 1. THE STATE OF BIHAR 2. Additional Member, Board of Revenue, Bihar, Patna 3. District Magistrate-cum-Collector, West Champaran at Bettiah 4. Additional Collector, West Champaran, Bettiah 5. Circle Officer, Gounaha Anchal, District-West Champaran, Bettiah 6. Prabhu Jha son of Kedar Jha, resident of village- Bilaspur, P.S. Ram Nagar, District-West Champaran, Bettiah 7. Neetu Kumari daughter of Bishambhar Rai, resident of village-Bilaspur, P.S.Ramnagar District West Champaran, Bettiah .. Respondents/Respondents ----------- 6 28.04.2011 When the matter has come up at the interlocutary stage with regard to vacating the order of status quo passed earlier, both counsels have agreed that the matter can be heard and disposed of finally. Both the counsels have also agreed that record of L.P.A. No. 358 of 2009 which is also listed before 3 this Court can be tagged with the present L.P.A. Both these appeals have been filed by the appellants herein being aggrieved against the common order dated 24.02.2009 passed by the learned Single Judge in C.W.J.C. No.11053 of 2007 with C.W.J.C. No.15278 of 2007 respectively. According to the appellants-writ petitioners, they are not parties before the Additional Collector or before the Board of Revenue in case NO.114 of 2002 and 115 of 2002 in which order dated 07.07.2004 was passed by Additional Member, Board of Revenue, Bihar,Patna which was filed against the orders passed by the District Magistrate, West Champaran, Betiah in RA Case No.94/97-98 whereby the Collector rejected the claim of the petitioner and confirmed the order dated 31.03.1997 passed by the Additional Collector (Ceiling) West Champaran in L.C. Case No. 24/300/1973-74 on 31.03.1997. The case of the appellants-writ petitioners are that they are allotees of the lands as contained in the affidavit at paragraph no.13 by the State Government and the 4 respondents are claiming the aforesaid lands on the basis of settlement. Case of the respondents was accepted by the Board of Revenue in case Nos. 114 of 2002 and 115 of 2002 and hence they are constrained to file the writ petition questioning the aforesaid order. But however the learned Single judge has chosen to dismiss the writ petition Hence, the present appeal has been preferred. It is contended by the learned counsel for the appellants that they are in possession of the land in question and khata numbers were also given by them in support of their claim before the lower authorities to prove their cases. On the other hand, learned counsel for the unofficial respondents i.e. respondent nos. 6 and 7 has contended that the unofficial respondents i.e. respondent nos. 6 and 7 are claiming the land in question as a transferee by settlement in 1945 the said land was allotted to a Society, namely, Shitalpur Co- operative Society which is a registered Society and cultivation is done by the said Society and they have received ownership from the said Society. But, however, the appellants herein 5 have claimed the said land on the basis of being parcha holders, which itself is illegal. Having gone to the order passed by the Board of Revenue in Case No. 114 of 2002 and 115 of 2002 dated 07.07.2004 which has dealt with the matter in extenso it appears that the facts remain that there is counter claim by the appellants herein as also the respondents with regard to lands as stated in the aforesaid paragraphs. AS per the details in paragraphs stated supra, we are of the opinion that as both the parties have claimed the lands in question and on the basis of allotment by the State Government being a parcha holders, and on the other hand, the respondent nos.6 and 7 claimed the aforesaid land by settlement in 1945, the matter can be remanded back to the Board of Revenue to decide the matter on the basis of records which can be called for from the Additional Collector, in RA Case No.94/97- 98 whereby the Collector rejected the claim of the petitioners and confirmed the order dated 31.03.1997 passed by the Additional Collector (Ceiling) West Champaran in L.C. Case No. 24/300/1973-74 on 31.03.1997. It is made clear that both the parties 6 are also entitled to produce the required document to substantiate their case and the matter will be heard after affording opportunity to the parties concerned and the entire exercise should be completed in accordance with law within a period of six months from the date of receipt of a copy of this order. With the above observation the order of learned Single Judge is set aside. Accordingly, both the appeals are allowed. Till disposal of the matters, status quo granted by this Court on 08.04.2009 shall remain continue. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)