IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10845 of 1996 1. PRAMOD KUMAR SHRIVASTAVA son of Shri Punyadeo Prasad, resident of Village – Champapur, Police Station and Post Office – Ramgarwa, District – East Champaran, at present working as Head Assistant and Nazir, Bettiah Raj, Bettiah. 2. Sudarshan Prasad Yadav son of late Chhathu Prasad Yadav, resident of village – Ratanmala (Tola Puwar House), Post office and Police station – Bagaha, District – West Champaran, at present working as Amin, Bettiah Raj, Bettiah. 3. Dhondha Mahto son of late Indrasan Mahto, resident of Village- Sirisia Tola – Patkhauli, Post Office – Laxmipur, Police Station – Chanpatia, District – West Champaran, at present working as Amin, Bettiah Raj, Bettiah. 4. Birendra Mishra son of Sri Balbhadra Mishra, resident of village- Bahawa, Post Office – Gopalpur, Police Station – Simri Bakhtiyarpur, District – Saharsa, at present working as Amin, Bettiah Raj, Bettiah. 5. Dhondha Prasad, son of late Kishun Prasad, resident of village – Purani Gudari, Bettiah, Post office and Police station – Bettiah, District – West Champaran, at present working as Daftari, Bettiah Raj, Bettiah. 6. Abdul Razak son of late Inayat Mian, resident of village - Shivrahi Mathia, Post office – Majhariya Kishun, Police station – Nautan, District - West Champaran, at present working as Amin, Bettiah Raj, Bettiah. 7. Shyam Sundar Thakur, son of late Dharohar Thakur, resident of village - Baswaria, Post Office and Police station – Bettiah, District – West Champaran, at present working as Amin, Bettiah Raj, Bettiah. 8. Umashankar Ojha, son of Shri Parshuram Ojha, resident of village – Bajraiya, Post Office – Amardah, Police Station - Islampur, District – Saran, at present working as Prabhari, Bettiah Raj, Bettiah. 9. Satyendra Kumar Singh son of Shri Suryadeo Singh, resident of village and Post office – Sagarpur, Police Station – Makdumpur, District – Jehanabad, at present working as Prachhetra Prabhari, Bettiah Raj, Bettiah. 10. Vishwanath Prasad Verma son of late Sukdeo Prasad, resident of village –Shivrahi Mathia, Post Office – Majharia Kishun, Police Station – Nautan, District West Champran, at present working as Moharrir, Bettiah Raj, Bettiah. 11. Dwijendra Nath Mishra son of late Pandit Baijnath Mishra, resident of Mohalla + Post Office + Police Station – Bettiah, District – West Champaran, at present working as Prachhetra Prabhari, Bettiah Raj, Bettiah. 12. Baliram Pandey son of late Dhrup Pandey, resident of Village – Hirapur, Post Office – Gurhanwa, police station – Gurhanwa, district – West Champaran, at present working as Agent, Bettiah Raj, Bettiah. 2 13. Birendra Prasad Srivastava son of late Nagnarayan Prasad, resident of village – Ratanmala Tola, Post Office – Sarisawa Bhagarwa Majhaulia, District – West Champaran, at present working as Pairvi Clerk, Bettiah Raj, Bettiah. 14. Noor Basar son of Md. Sharif, resident of Mohalla – Chhawani, Post Office and Police Station – Bettiah, District –West Champaran. 15. Shrikant Upadhyay son of late Ramesh Chandra Upadhyay, at present working as Agent Banaras, Bettiah Raj, Bettiah. 16. Laxman Raut son of late Motar Raut, resident of Village – Patharighat, Post Office and Police Station Bettiah, District – West Champaran, at present working as Garden Warder, Bettiah Raj, Bettiah. 17. Shambhu Rao son of late Ganesh Prasad, resident of village - and post office - Banuchhapar. Police Station – Bettiah, District – West Champaran, working as Garden Warder, Bettiah Raj, Bettiah. 18. Chirkut Raut son of late Khublal Raut, resident of village – Chargaha, Post Office and Police Station – Bettiah, District – West Champaran, working as Gardener , Bettiah Raj, Bettiah. 19. Sahdev Mahto son of Narayan Mahto, resident of Nuniya, Post Office – Gurbalia, Police station – Bettiah Mufassil, District – West Champaran, at present working as Sepoy, (Garden escort), Bettiah Raj, Bettiah. 20. Janardan Tiwari son of Eganan Tiwari resident of Village – Shivrahi Mathia, Post Office – Majharia Kishun, Police Station – Nautan, District – West Champaran, at present working as Godown Choukidar, Bettiah Raj, Bettiah. 21. Bharat Raut son of late Mahabir Raut, resident of Village – khadda, Post Office – Bagahi, Police Station – Nautan, District – West Champran, at present working as Gardener, Bettiah Raj, Bettiah. 22. Suresh Raut son of Jata Raut, resident of village – and Post Office – Sathi, Police station-Sathi, District – West Champaran, working as Garden Escort, Bettiah Raj, Bettiah. 23. Nathuni Raut son of late Bhagwat Raut, resident of Village – Chargaha, Post Office – Barbat Pasrayeen, Police station – Bettiah, District-West Champaran, at present working as Sepoy (Garden Escort), Bettiah Raj, Bettiah. 24. Dharmnath Prasad son of Shri Kishun Prasad, resident of village – Purani Gudari, Police station – Bettiah, district – West Champaran, at present working as Sepoy (Garden Escort), Bettiah Raj, Bettiah. 25. Krishna Mahto son of late Ramraj Mahto, resident of village -+ Post Office – Barbat Pasrayeen, Police Station - Bettiah Mofussil, District West Champaran, at present working as Office Peon, Bettiah Raj, Bettiah. 26. Birendra Mahto son of late Kanchan Mahto, resident of Village – Khairatiya, Post office – Bettiahdih, Police station – Bettiah Mufassil, District – West Champaran, at present Sepoy, Bettiah Raj, Bettiah. 27. Amika Yadav son of Shri Ramsewak Yadav, resident of village – Bharpatiya, Post Office, Bharwatola, Police Station – Bettiah 3 Mufassil, district – West Champaran, at present working as Garden Escort, Bettiah Raj, Bettiah. 28. Md. Jan son of late Imaman Mian, resident of Mohalla – Ganj No.1, Police station – Bettiah, District – West Champaran, at present working as Garden Escort, Bettiah Raj, Bettiah. 29. Bishwanath Singh son of late Lakhan Singh, resident of Village – Kargahiya Banwatola, Post office – Belbag, Police station – Bettaiah Town, District – West Chamaparan, at present working as Garden Escort, Bettiah Raj, Bettiah. 30. Kishore Raut son of late Deonarayan Raut, resident of Mohalla- Jagjiwan Nagar, Police Station – Bettiah, District – West Champaran, at present working as Sweeper, Bettiah Raj, Bettiah. 31. Md. Nejamuddin son of late Afzal khan, resident of Mohalla – Ganj No.2, Police station – Bettiah, District – West Champaran, at present working as Garden Escort, Bettiah Raj, Bettiah. 32. Jamadar Sahani son of late Mahabir Sahani, resident of village – Semroman, Police Station – Jogapatti, District – West Champaran, at present working as Garden Escort, Bettiah Raj, Bettiah. 33. Mukhlal Yadav son of late Bharat Yadav, resident of Mohalla – Chhawani, Police Station – Bettiah Town, District – West Champaran, at present working as Garden Escort, Bettiah Raj, Bettiah. 34. Umesh Kumar son of late Ragho Prasad, resident of Mohalla – Purani Gudari, Post office – Bairiya, Police Station – Bettiah Town, District West Champaran, at present working as Garden Escort, Bettiah Raj, Bettiah. 35. Kapildeo Raut son of late Gaya Raut, resident of Village – Chargaha, Police Station – Bettiah Mufassil, District – West Champaran, at present working as Garden Escort, Bettiah Raj, Bettiah. 36. Chaudhary Sah son of late Bharat Sah, resident of Village Khairatiya, Post office – Bettiah, Police Station – Bettiah Mufassil, District – West Champaran, at present working as Garden Escort, Bettiah Raj, Bettiah. 37. Ramsewak Yadav, son of late Ganesh Yadav, resident of village – Bharpatiya, Post Office – Bharwatola, Police Station – Bettiah Mufassil, District – West Champaran, at present working as Garden Escort, Bettiah Raj, Bettiah. 38. Buni Lal Raut son of late Sadhu Raut, resident of Village – Barbat Pasrayeen, Police Station – Bettiah, District – West Champaran, at present working as Garden Escort, Bettiah Raj, Bettiah. 39. Bansi Mahto son of late Ramdayal Mahto, resident of Mohalla – ITI Jaiprakash Nagar, Police Station – Bettiah, District – West Champaran, at present working as Gardener, Bettiah Raj, Bettiah. 40. Gumani Mahto son of late Sajawal Mahto, resident of Village – Bhagaha Banwatola, Post Office – Kumarbagh, District – West Champaran, at present working as Garden Escort, Bettiah Raj, Bettiah. 41. Ramchandra Mahto son of late Deoraj Mahto, resident of Village – Barbat Pasrayeen, Police Station – Bettiah Mufassil, District – 4 West Champaran, at present working as Ploughman, Bettiah Raj, Bettiah. 42. Singasan Manjhi, son of late Dathu Manjhi, resident of village – Kargahiya East, Post Office – Barbat Pasrayeen, Police Station – Bettiah Mufassil, District – West Champaran, at present working as Ploughman, Bettiah Raj, Bettiah. 43. Badari Manjhi, son of late Makhan Manjhi, resident of village – Kargahiya East, Post Office – Barbat Pasrayeen, Police station – Bettiah Mufassil, District – West Champaran, at present working as Ploughman, Bettiah Raj, Bettiah. 44. Deolal Manjhi son of late Mahadeo Manjhi, resident of village – Kargahia East, Post Office – Barbat Pasrayeen, Police station – Bettiah Mufassil, District – West Champaran, at present working as Ploughman, Bettiah Raj, Bettiah. 45. Tuni Manjhi son of late Surya Manhi, resident of village – Kargahia East Musahari, Post Office – Barbat Pasrayeen, Police station – Bettiah Mufassil, District – West Champaran, at present working as Ploughman, Bettiah Raj, Bettiah. 46. Galli Manjhi son of late Dahari Manjhi, resident of village – Kargahia East, Post Office – Barbat Pasrayeen, Police station – Bettiah Mufassil, District – West Champaran, at present working as Ploughman, Bettiah Raj, Bettiah. 47. Fulman Mian son of late Dargahi Khan, resident of village – Bairiya, Post Office – Pakhnaha, Police station – Bairiya, district – West Champaran, at present working as Field Chaukidar, Bettiah Raj, Bettiah. 48. Yodha Hazra son of late Ramshrey Hazra, resident of village and post office – Laukariya, Police station – Bairiya, District – West Champaran, at present working as Ploughman, Bettiah Raj, Bettiah. 49. Nagina Ram son of late Budhan Ram, resident of Village – and post office - - Kudwa Mathiya, Police Station – Chanpatia, District – West Champaran, at present working as Ploughman, Bettiah Raj, Bettiah. 50. Amrit Mishra son of late Gaya Mishra, resident of Village – Lakhanpur, Post Office – Paharpur, District – East Champaran, at present working as Godown Chaukidar, Bettiah Raj, Bettiah. 51. Khedu Raut son of late Surat Raut, resident of Village – Amwa, Post Office – Nanpurwa, Police Station – Manjhaulia, District – West Champaran, at present Ploughman, Bettiah Raj, Bettiah. 52. Ramugrah Manjhi son of late Munar Manjhi, resident of village Pujaha Patjorwa, Post Office – Pakhnaha, Police station – Bairiya, district – West Champaran, at present working as Ploughman, Bettiah Raj, Bettiah. 53. Hira Yadav son of Mahabir Yadav, resident of village – Pujaha Patjorwa, Post Office – Pakhnaha, Police station – Bairiya, district – West Champaran, at present working as Ploughman, Bettiah Raj, Bettiah. 54. Bishundhari Raut, son of late Sagarman Rautr, resident of village – Aamwaman, Post Office – Rampurwa, Police Station – 5 Majhaulia, District –West Champaran, at present working as Ploughman, Bettiah Raj, Bettiah. 55. Najib Mian son of Yodhi Mian, resident of village and Post Office – Madhopur, Police Station – Majhaulia, District – West Champaran, at presents working as Ploughman, Bettiah Raj, Bettiah. 56. Raktu Sahni son of late Sukhal Sahani resident of village – and post office – Madhopur, Police station – Majhoulia, District – West Champaran, at present Ploughman, Bettiah Raj, Bettiah. 57. Jhingur Raut son of late Dhanpat Raut, resident of village – Aamwaman, Post Office Rampurwa, Police station – Majhaulia, district – West Champaran, at present working as Ploughman, Bettiah Raj, Bettiah. 58. Sheo Raut son of late Pragas Raut, resident of village – Aamwaman, Post office - Rampurwa, Police Statioin – Majhaulia, Distirct – West Champaran,. At present working as Ploughman, Bettiah Raj, Bettiah. 59. Baldeo Raut son of late Bagar Raut, residents of village – Aamwaman, Post office - Rampurwa, Police Statioin – Majhaulia, Distirct – West Champaran,. At present working as Ploughman, Bettiah Raj, Bettiah. ________ Petitioners Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna. 2. The Member, Board of Revenue, Government of Bihar, Old Secretariat, Patna. 3. The Secretary, Board of Revenue, Government of Bihar, Old Secretariat, Patna. 4. The Deputy Secretary, Board of Revenue, Government of Bihar, Old Secretariat, Patna. 5. The District Magistrate, West Champaran, Bettiah. 6. The Manager, Bettiah Estate, Bettiah. _________ Respondents ----------- For the petitioners : M/S. T N Maitin, Sr. Advocate and S K Thakur. For the Bettiah Estate: Mr. Lala Sachindra Kumar. For the State : Mr. Saket Tiwary, AC to GP 16. ------- 11. 27.7.2010 There are 59 petitioners who all claim themselves to be working for Bettiah Raj for many a years. They are either Class-III or IV employees purportedly appointed by the Member, Board of Revenue, in the background that the State of Bihar is managing the estate as a Court of Wards after independence. The Bettiah Estate, its 6 management and its control was taken over by the British Government under the Court of Wards Act as far back as on 1st April, 1897. Thereafter it has been managed under the provisions of the said Act by successive governments. 2. Petitioners claim that by virtue of number of years they have worked coupled with the fact that it is the Member, Board of Revenue, who is managing the Estate, the petitioners have acquired a right and they ought to be regularized and given all the benefits of a government servant. 3. The Bettiah Raj and the Estate thereto hs not vested in the State of Bihar. It still has its own entity despite the dispute being dragged on from one century to the other. By no stretch of imagination or interpretation it can be said that merely because the Estate is being managed by Member, Board of Revenue as a Court of Wards, the engagement or employment of persons by the Member, Board of Revenue would give them the status of a government servant. 4. Learned counsel for the Bettiah Raj has very rightly pointed out the observation of the Supreme Court which was rendered in the case of State of Bihar v. Radha Krishna Singh, reported in AIR 1983 SC 684. Para 269 and 270 are quoted herein below which have a bearing to the claim of the petitioners. “269. Before closing the colourful chapter of this historical case we would now like to deal with the last point which remains to be considered and that is the question of Escheat. So far as this question is concerned, M. M. Prasad, J. has rightly 7 pointed out that as the State of Bihar did not enter the arena as a plaintiff to claim the properties by pleading that the late Maharaja had left no heir at all and, hence, the properties should vest in the State of Bihar, it would be difficult to hold that merely in the event of the failure of the plaintiffs’ case the properties would vest in the State of Bihar. 270. It is well settled that when a claim of escheat is put forward by the Government the onus lies heavily on the appellant to prove the absence of any heir of the respondent anywhere in the world. Normally, the court frowns on the estate being taken by escheat unless the essential conditions for escheat are fully and completely satisfied. Further, before the plea of escheat can be entertained, there must be a public notice given by the Government so that if there is any claimant anywhere in the country or for that matter in the world, he may come forward to contest the claim of the State. In the instant case, the State of Bihar and Uttar Pradesh merely satisfied themselves by appearing to oppose the claims of the plaintiffs- respondents. Even if they succeed in showing that the plaintiffs were not the nearest reversioners of the late Maharaja, it does not follow as a logical corollary that the failure of the plaintiffs’ claim would lead to the irresistible inference that there is no other heir who could at any time 8 come forward to claim the properties.” 5. Reading of the above passage from the decision of the Hon`ble Supreme Court it is evident that the State of Bihar is far from acquiring control over the property of Bettiah Raj or its Estate. 6. The factual and legal position has not undergone a change since the Hon`ble Supreme Court rendered its decision in 1983. If that be so, the effort on the part of the petitioners to get regularization under the State of Bihar and derive benefits as a government servant must fail. 7. Writ is dismissed being devoid of merit. rkp ( Ajay Kumar Tripathi, J.)