IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17280 of 2009 DINANATH PRASAD, S/o- Late Rama Prasad, Resident of Village- Rajwatiya, P.S.- Bagha, District- West Champaran :--- Petitioner. Versus 1. THE STATE OF BIHAR 2. The Collector, West Champaran at Bettiah. 3. The Sub-Divisional Officer, Bagha, District- West Champaran. 4. The Deputy Collector, Land Reforms, Bagha, District- West Champaran. 5. The Circle Officer, Bagha-1, District- West Champaran. 6. Most. Chilari, W/o- Doma Mushar. 7. Vanarsi Mushar, S/o- Shrawan Mushar. 8. Dihu Mushar, S/o- Shrawan Mushar. 9. Hira Mushar, S/o- Jhanjhi Mushar. 10. Chote Mushar, S/o- Vanarsi Mushar. 11. Most. Bhuili Devi, W/o- Laghu Bin. 12. Satan Bin, S/o- Laghu Bin. 13. Gaya Bin S/o- Laghu Bin. 14. Lallan Nunia S/o- Deepan Nunia. 15. Muldev Chaudhari, S/o- Harihar Chaudhary. 16. Rabri Devi, W/o- Dharam Sah. 17. Most. Marchhia W/o- Nathuni Baitha 18. Thakur Ram S/o- Bandu Ram. 19. Badhu Ram, S/o- Lalbihari Ram. 20. Ramchandra Ram, S/o- Gopal Ram. 21. Ramlal Ram, S/o- Jadu Ram. 22. Jatie Ram, S/o- Banshi Ram. 23. Most. Lakshmina W/o- Parmeshwar Ram. 24. Prahlad Bin, S/o- Sitaram Bin. 25. Most. Draupdi, W/o- Toofani Bin. 26. Chanar Bin, S/o- Buneli Bin. 27. Kanchan Bin, S/o- Sita Ram Bin. 28. Babu Lal Bin, S/o- Ram Dhari Bin. 29. Singhasan Bin S/o- Ramdhari Bin. 6 to 29 are Residents of Village- Rajwatiya, Police Station- Bagaha, District- West Champaran :--- Respondents. ----------- 3. 11.12.2009. Heard learned counsel for the petitioners and the State. 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. 01/2007-08, 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 - 2 - 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.)