IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14021 of 2005 JODHI PASWAN S/O- LATE RAM JEEVAN PASWAN, R/O- VILLAGE- KHASPUR, P.O.- CHHITNAWA, P.S.- MANER, DISTRICT- PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY 2. THE COMMISSIONER, LAND REFORMS DEPARTMENT, BANKIPUR, PATNA DIVISION. 3. THE DISTRICT MAGISTRATE, (COLLECTOR), PATNA. 4. THE SUB DIVISIONAL MAGISTRATE, DANAPUR, DISTRICT- PATNA. 5. LANDS REFORMS DEPUTY COLLECTOR, DANAPUR, DISTRICT- PATNA 6. THE CIRCLE OFFICER/ANCHAL ADHIKARI, MANER, DISTRICT- PATNA. 7. THE BLOCK DEVELOPMENT OFFICER, MANER, DISTRICT- PATNA. 8. THE G.M.-CUM-CHIEF ENGINEER, CENTRAL AREA ELECTRICITY BOARD, PATNA. 9. ELECTRIC EXECUTIVE ENGINEER, ELECTRIC SUPPLY DIVISION, BIHTA. 10. ASSISTANT ELECTRIC ENGINEER, ELECTRIC SUPPLY SUB DIVISION, MANER. with CWJC No.1367 of 2006 RAM SAGAR PASWAN SON OF LATE RAM JEEVAN PASWAN, R/O- VILLAGE- KHASPUR, P.O.- CHHITNAWA, P.S.- MANER, DISTRICT- PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY 2. THE COMMISSIONER, LAND REFORMS DEPARTMENT, BANKIPUR, PATNA DIVISION. 3. THE DISTRICT MAGISTRATE,(COLLECTOR), PATNA. 4. THE SUB DIVISIONAL MAGISTRATE, DANAPUR, DISTRICT- PATNA. 5. LANDS REFORMS DEPUTY COLLECTOR, DANAPUR, DISTRICT- PATNA 6. THE CIRCLE OFFICER/ANCHAL ADHIKARI, MANER, DISTRICT- PATNA. 7. THE BLOCK DEVELOPMENT OFFICER, MANER, DISTRICT- PATNA. 8. THE G.M.-CUM-CHIEF ENGINEER, CENTRAL AREA ELECTRICITY BOARD, PATNA. 9. ELECTRIC EXECUTIVE ENGINEER, ELECTRIC SUPPLY DIVISION, BIHTA. 10. ASSISTANT ELECTRIC ENGINEER, ELECTRIC SUPPLY SUB DIVISION, MANER. with CWJC No.853 of 2007 2 RAM CHANDRA CHAUDHARY S/O- LATE BENI CHAUDHARY, R/O- VILLAGE- SHERPUR, P.O.- SHERPUR, P.S.- MANER, DISTRICT- PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE JOINT SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, PATNA. 2. THE COMMISSIONER, LAND REFORMS DEPARTMENT, BANKIPUR, PATNA DIVISION. 3. THE DISTRICT MAGISTRATE,(COLLECTOR), PATNA. 4. THE SUB DIVISIONAL MAGISTRATE, DANAPUR, DISTRICT- PATNA. 5. LANDS REFORMS DEPUTY COLLECTOR, DANAPUR, DISTRICT- PATNA 6. THE CIRCLE OFFICER/ANCHAL ADHIKARI, MANER, DISTRICT- PATNA. 7. THE BLOCK DEVELOPMENT OFFICER, MANER, DISTRICT- PATNA. 8. THE G.M.-CUM-CHIEF ENGINEER, CENTRAL AREA ELECTRICITY BOARD, PATNA. 9. ELECTRIC EXECUTIVE ENGINEER, ELECTRIC SUPPLY DIVISION, BIHTA. 10. ASSISTANT ELECTRIC ENGINEER, ELECTRIC SUPPLY SUB DIVISION, MANER. 11. BIHAR STATE ELECTRICITY BOARD, THROUGH THE CHAIRMAN. with CWJC No.1003 of 2007 BIHARI PASWAN Versus 1. THE STATE OF BIHAR THROUGH THE JOINT SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, PATNA. 2. THE COMMISSIONER, LAND REFORMS DEPARTMENT, BANKIPUR, PATNA DIVISION. 3. THE DISTRICT MAGISTRATE,(COLLECTOR), PATNA. 4. THE SUB DIVISIONAL MAGISTRATE, DANAPUR, DISTRICT- PATNA. 5. LANDS REFORMS DEPUTY COLLECTOR, DANAPUR, DISTRICT- PATNA 6. THE CIRCLE OFFICER/ANCHAL ADHIKARI, MANER, DISTRICT- PATNA. 7. THE BLOCK DEVELOPMENT OFFICER, MANER, DISTRICT- PATNA. 8. THE G.M.-CUM-CHIEF ENGINEER, CENTRAL AREA ELECTRICITY BOARD, PATNA. 9. ELECTRIC EXECUTIVE ENGINEER, ELECTRIC SUPPLY DIVISION, BIHTA. 10. ASSISTANT ELECTRIC ENGINEER, ELECTRIC SUPPLY SUB DIVISION, MANER. 11. BIHAR STATE ELECTRICITY BOARD, THROUGH THE CHAIRMAN. 3 For the petitioners : Mr. Nand Lal Kumar Singh, Advocate Mrs. Madhuri Lata , Advocate For the State : Mr. Rajeev Kumar Singh, G.P. 15 For the B.S.E.B. : Mr. Vinay Kirti Singh, Advocate. ----------- 16 19.05.2011 It appears from perusal of orders passed on the batch of present writ petitions that several detailed orders have been passed in C.W.J.C. No. 14021 of 2005 (Jodhi Paswan versus The State of Bihar & Ors). In rest of the matters, there is/are orders that this would be placed along with the first matter being C.W.J.C. No. 14021 of 2005. It further appears that several sets of counter affidavits and reply thereto have been filed in C.W.J.C. No. 14021 of 2005 only. The issue seems to be similar in all these writ petitions. They have thus been clubbed together and listed before this court as batch cases. These writ petitions were thus heard together with the consent of the parties. Present order shall govern them. 2. Relevant facts shall be drawn from C.W.J.C. No. 14021 of 2005. Petitioners claim their title and possession on small tracts of land, in all cases 0.54 decimals of land, appertaining to Khata No. 726, situated in village-Sherpur within Maner Anchal in the district of Patna. According to them, the aforesaid tracts of land was/were settled with the writ petitioners in the year 1976-77 by the Revenue Authorities including the respondent-Collector in Land Ceiling (Settlement) Case No. 02 of 1976-77. The settlements document(s) in each 4 case(s) are Annexure-2. The writ petition was filed questioning sustainability/justification of the notice dated 30.7.2005 (Annexure-1) issued to the petitioner under the signature of respondent Anchal Adhikari, Maner. Considering the submissions of the petitioner, this Court by order dated 6.12.2005 granted liberty to the counsel for the State as well as respondent Electricity Board to take instruction and file their respective counter affidavits and till further orders, they were restrained from forcibly dispossessing the settlee(s) from the lands. It is stated at the Bar that pursuant to the aforesaid order, the writ petitioners of the present batch of writ petitions have not been dispossessed from their respective tracts of lands. 3. A counter affidavit on behalf of the Board was filed in the first case. Referring thereto, a supplementary affidavit was filed on behalf of the petitioner, paragraph 9 whereof reads as under: “9. That by Annexure-D/8 of the counter affidavit filed on behalf of Respondent No. 8, 9 and 10, it is clear that the electricity department require only one acre of land for the purpose of the construction of 33/11 K.V. power sub- station at Sherpur, whereas counter affidavit of respondent Nos. 1 to 7 states that the entire land of Khesra No. 1865, plot no. 726 is 2 acres 50 decimals.” Counter affidavit of respondent Nos. 1 to 7 states that the entire land of Khesra No. 1865, Plot No. 726 is 2 acres 50 decimals. In the light of the aforesaid averments made in the supplementary affidavit filed on behalf of the petitioner in 5 C.W.J.C. No. 14021 of 2005, a further counter affidavit on behalf of respondent Nos. 1 to 7 (treated as third supplementary affidavit) was filed . Paragraphs 9 and 10 whereof reads as under: “9. That in para 9 of the supplementary affidavit filed on behalf of the petitioner on 10.4.2006 it is stated that by Annexure-D/8 of the counter affidavit filed on behalf of Respondent No. 8, 9 and 10, it is clear that the electricity department require only 1 Acre of land for the purpose of the construction of 33/11 K.V. Power Sub-Station at Sherpur, if it is so the answering Respondents have no difficulty in letting out the petitioner’s land bearing Khata No. 726, Khesra No. 1865, area 54 decimal in village Sherpur from acquisition. “ 10. That the answering respondents are ready to leave the land of the petitioner from acquisition subject to requirement of electricity Department.” 4. Parties are in agreement that the construction of Power Sub-Station at Sherpur have already been completed. It is the positive stand of the petitioners of present batch of writ petitions that their lands have not been utilized by the Electricity Department for the construction of the said Power Sub-Station. 5. In that view of the matter, the present notice as contained in Annexure-1 loses its relevance and significance. The applications seem to have become infructuous. They are disposed of accordingly. pkj ( Kishore K. Mandal, J)