IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10484 of 2010 ====================================================== 1. Uday Kumar Singh S/O Late Tapsi Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 2. Chandeshwar Prasad Singh S/O Late Ishwar Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 3. Ramashwar Singh S/O Late Mangal Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 4. Sidheshwar Prasad Singh S/O Late Lalita Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 5. Sanjay Kumar S/O Late Ramanuj Singh R/O Vill Bihta, P.S.Bihta, Distt- Patna 6. Sunil Kumar S/O Late Krishnanand Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 7. Ramadhar Singh S/O Late Nandlal Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 8. Ram Niwas Singh S/O Raghunandan Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 9. Shri Niwas Singh S/O Raghunandan Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 10. Lalit Mohan Singh S/O Gopal Prasad Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 11. Arbind Kumar Singh S/O Late Kalika Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 12. Awadhesh Kumar Singh S/O Late Mathura Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 13. Pappu Kumar S/O Late Naresh Kumar Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 14. Suresh Singh S/O Late Jodhi Singh R/O Vill Bihta, P.S.Bihta, Distt- Patna 15. Devender Singh S/O Late Binda Singh R/O Vill Bihta, P.S.Bihta, Distt- Patna 16. Bitan Singh S/O Shivdhar Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 17. Kedarnath Singh S/O Late Darbari Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 18. Triloki Singh S/O Late Raghubansh Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 19. Pramod Singh S/O Taramati Devi And Ramayan Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 20. Sudama Kumar S/O Late Mukhtar Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 21. Nathuni Singh S/O Late Harbansh Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 22. Ashok Kumar Singh S/O Late Umesh Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 23. Omnath Singh S/O Late Bamdeo Singh R/O Vill Bihta, P.S.Bihta, Distt- Patna 24. Nilmani Kumar Singh S/O Late Alakh Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 25. Chitranjan Singh S/O Late Alakh Singh R/O Vill Bihta, P.S.Bihta, Distt- Patna Patna High Court CWJC No.10484 of 2010 (5) dt.20-12-2011 2 26. Kamdeo Singh S/O Late Arjun Singh R/O Vill Bihta, P.S.Bihta, Distt- Patna 27. Ram Sawarath Singh S/O Late Parash Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 28. Sheo Kumar Singh S/O Late Parshuram Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 29. Chandradip Singh S/O Late Nauzadik Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 30. Ramjee Singh S/O Late Sukhram Singh R/O Vill Bihta, P.S.Bihta, Distt- Patna 31. Jaidayal Singh S/O Late Banka Singh R/O Vill Bihta, P.S.Bihta, Distt- Patna 32. Rajni Devi W/O Late Ram Manohar Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna 33. Rakesh Sharma S/O Late Bhagirath Singh R/O Vill Bihta, P.S.Bihta, Distt-Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, State Of Bihar Patna 3. The Commissioner Patna Division 4. The Collector Patna 5. The Sub Divisional Officer Danapur 6. The Anchal Adhikari Bihta 7. The Senior Regional Manager, Hindustan Petroleum Corporation Limited Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sri Nandan Singh Mr. Ashok Kumar For the Respondent/s : Mr. Ajay Sharma, A.C. to AAG-I For respondent No. 7 : Mr. Chitranjan Sinha, Sr. Advocate. Mr. Rajeev Prakash ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL) 5 20-12-2011 Heard. Petitioners, who are thirty three (33) in number, question Patna High Court CWJC No.10484 of 2010 (5) dt.20-12-2011 3 the sustainability of order dated 29th October, 2009 (Annexure-6) passed by the Anchal Adhikari, Bihta as also the orders dated 31.10.2010 (Annexure-7), 2.11.2009 (Annexure-8) and 8.12.2009 (Annexure-9) passed by the Sub-divisional Officer (respondent No. 5), the Collector (respondent No. 4) and the Divisional Commissioner (respondent No. 3) respectively. The epicenter of dispute relates to 2.33 acres of land appertaining to Khata No. 157, Khesra (Plot) No. 128 situated in Mauza Bihta in the district of Patna. The petitioners claim the aforesaid land as settlees from the Ex-landlord. There is no dispute that the land stood recorded in the C.S. Khatiyan as Gair Mazarua Mallik land. The stand of the petitioners is that entire land measuring a total area of 3.51 acres appertaining to the aforesaid Khata No. 157, Plot No. 128 were in khas possession of Ex- landlord and were settled with the petitioners. There is also no dispute between the parties that the lands in question have been treated as Government lands and have already been handed over to the respondent No. 7 for construction of Railway Siding. There is also no dispute that the aforesaid construction is almost complete. Different proceedings in the meanwhile seem to have been taken for cancellation of the Jamabandi which is/are said to have been created in the names of petitioners and/or their ancestors. There is Patna High Court CWJC No.10484 of 2010 (5) dt.20-12-2011 4 also a proceeding levied by the State for transfer of land. The matter is now resting before the Government for according approval. The grievance of the petitioner is that the State Government have already received compensation amount from the respondent No. 7 but the same is being withheld by them although the petitioners are/were entitled to receive the same for acquiring the land in question. The stand of the respondent State, on the other hand, is that land in question was Gair Majarua Mallik land and since there was no document of settlement followed by issuance of land receipts issued by the Ex-landlords and/or filing of return in respect of those lands in the name of the petitioners and/or their ancestors, the petitioners had no valid right, title and interest over the same. It is the stand of the respondents that the petitioners by bringing the revenue officials in collusion, got part of the land mutated in their name(s) for which a proceeding was taken and concluded and the matter has been referred to the Government for according approval. On going through the pleadings on record and after hearing the parties, it appears that disputed questions of fact cannot be gone into in writ jurisdiction. There is agreement at Bar that if the matter is pending consideration before the Government, Patna High Court CWJC No.10484 of 2010 (5) dt.20-12-2011 5 the writ petitioners may be allowed to approach the respondent Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar by filing a detailed representation setting out their claims supported by all relevant documents which may, in turn, be directed to be considered in accordance with law. In view of the aforesaid stand taken at Bar, I am inclined to dispose of the writ petition by the following order: Let the petitioners approach the Principal Secretary, Government of Bihar in the department of Revenue and Land Reforms (respondent No. 2) by filing a detailed representation supported by all documents relied upon together with a copy of the present order before the said respondents within five weeks from today. The said respondent thereafter shall consider the representation filed by the petitioners and, if necessary, afford personal hearing to them and thereafter dispose of the same in accordance with law as quickly as possible preferably within 12 weeks from the date of receipt/production of a copy of this order. PANKAJ KUMAR/- (Kishore K. Mandal, J)