IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5022 of 2006 BHUSHAN DOME, SON OF LATE BASUDEO DOME, RESIDENT OF VILLAGE RAJGIR KUND, P.S. RAJGIR, DISTRICT NALANDA. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, NALANDA. 3. THE SUB-DIVISIONAL MAGISTRATE, RAJGIR, NALANDA. 4. CIRCLE OFFICER, RAJGIR, NALANDA. 5. THE D.C.L.R. RAJGIR, NALANDA. For the petitioner Mr. Jitendra Prasad Shaha, Advocate. For the State : Mr. Binay Kumar, AC to GP-13. ----------- 05. 04.04.2011 Heard learned counsel for the petitioner and the State. 2. In compliance of the orders of this Court dated 30.3.2011 learned counsel for the petitioner has produced original of the land settlement parwana dated 16.6.1993 issued under the joint signature of the Circle Officer, Rajgir, Deputy Collector Land Reforms, Sub Divisional Officer, Biharsharif. Close perusal of the said certificate indicates that land measuring 3 decimals of plot no.5027 appertaining to khata no.333 in village Rajgir was settled with the petitioner pursuant to Settlement Case No.24 of 1992-93. In the counter affidavit the Circle Officer, Rajgir has not stated that no such Settlement Case No.24 of 1992-93 was ever initiated for settlement of the lands in question with the 2 petitioner. He has also not stated in the said counter affidavit that the land settlement certificate dated 16.6.1993 is forged and fabricated. What he has stated in the counter affidavit is that certificate is illegal and the land receipts issued pursuant to the said certificate has not been authorized by the competent officer. Aforesaid statement of the Circle Officer, Rajgir does not indicate that genuineness of certificate dated 16.6.1993 has been doubted. In the circumstances, I am not inclined to rely over the contents of the counter affidavit until the certificate dated 16.6.1993 is held to be forged by the competent court of civil jurisdiction. Accordingly, this writ petition is disposed of granting liberty to the State respondents to seek declaration that the land settlement certificate dated 16.6.1993 Annexure-1 is forged and fabricated document, but until such declaration is made by the competent court of civil jurisdiction, petitioner should not be dispossessed from the lands in question. Rajesh/ ( V. N. Sinha, J.)