IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1733 of 2010 SHASHI BHUSHAN SINGH, SON OF LATE JHALAK DEO SINGH RESIDENT OF VILLAGE SRI KRISHNA NAGAR P.S. AURANGABAD DISTRICT AURANGABAD. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, AURANGABAD. 3. ADDITIONAL COLLECTOR, AURANGABAD. 4. THE SUB-DIVISIONAL OFFICER AURANGABAD. 5. THE DEPUTY COLLECTOR, LAND REFORMS AURANGABAD. 6. THE CIRCLE OFFICER, AURANGABAD. 7. THE CIRCLE INSPECTOR, AURANGABAD. 8. THE HALKA KARMCHARI AURANGABAD. ----------- 02. 02.02.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner a military personnel is aggrieved by the recommendation of the Collector, Aurangabad bearing memo no.212 dated 6.11.2008, Annexure-13, whereunder he has requested the Deputy Secretary, Revenue and Land Reforms Department, not to settle 0.15 decimals of land bearing plot no.260 appertaining to khata no.133 of village Kushi in the district of Aurangabad with the petitioner as according to learned Collector the said land is of public use as village fair is organized over the same during the Chhath festival. 3. Learned counsel for the petitioner refutes such fact as according to him plot no.260 appertaining to khata no.133 of village kushi has total area of 5.02 acres, out of which more than 4 acres have already been settled with other military personnel pursuant to the circular of the State Government bearing letter no.4725 dated 14/16.8.1972, Annexure-1. In the light of the said circular recommendation was made in favour of petitioner for settlement of 0.15 decimals, out of the plot vide Annexures-3 and 5 in the year 2000 - 2 - onwards but suddenly the Collector, Aurangabad changed his mind and made contrary recommendation under memo dated 6.11.2008, Annexure-13 stating incorrect facts. 4. Having heard counsel for the parties, I am of the view that before acting in terms of the recommendation of the Collector, Aurangabad made under memo dated 6.11.2008, Annexure-13 the Deputy Secretary, Revenue and Land Reforms Department will ensure verification of the facts stated in Annexure-13 as also the facts stated in this writ application that more than 4 acres out of the said plot has been settled with other military personnel and if that be so then consider the case of the petitioner for settlement in accordance with law as early as possible, in any case within a reasonable time from the date of receipt of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)