IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5226 of 2009 1. Banai Yadav, Son of Dukhi Yadav. 2. Most. Motipti, Wife of late Shankar Bin. 3. Rogi Yadav, Son of Munnar Yadav. 4. Rajendra Yadav, Son of late Dahari Yadav. 5. Patru Yadav, Son of Munnar Yadav. 6. Bhodai Yadav, Son of Sant Yadav. All are residents of village Barwa Tola, PS Piprasi, District West Champaran ---- Petitioners. Versus 1. The State Of Bihar. 2. The Collector, West Champaran at Bettiah. 3. The Sub-divisional Magistrate, Bagaha, District West Champaran. 4. The Circle Officer, Piprasi Anchal, District West Champaran. 5. The Circle Inspector, Piprari Anchal, District West Champaran. ----- Respondents. ----------- 3 3.11.2011 Petitioners are aggrieved by the order by which the Circle Officer, Piprasi has settled the lands in dispute to 129 persons vide Miscellaneous Case No. 2 of 2008-09. The claim of the petitioners is that they are in possession of the lands and their names have been mutated with the State of Bihar. It is said that the petitioners were settled land much earlier and Jamabandi 637 was created in the name of Dahari Ahir @ Dahari Yadav who is the father of petitioner no. 4 with respect to 6 kathas and 6 dhurs of land. It is similarly said that Jamabandi 2469 was created in the name of Chhedi Kushwaha @ Chhedi Mahato with respect to 7 kathas of land. It is also alleged that some of the settlees such as Kundan Kumar, Ashok Kumar and Birendra Gond are residents of Uttar Pradesh and as such without application of mind and confirmation of possession with respect to the lands in question, settlement has been made by the Circle Officer, Piprasi. A counter affidavit has been filed in which it has been stated that a spot enquiry was made by the Halka Karamchari, Circle 2 Inspector, Anchal Amin and Circle Officer before settlement. The State admits that there is a Jamabani no. 637 in the name of Dahari Ahir @ Dahari Yadav but it does not contain the plot number etc. In any event, it would be proper for the petitioners to produce their documents before the Circle Officer, Piprasi if eviction has not already been taken place so that he may examine the case of the petitioners before passing any further orders of settlement. The petitioners may bring this order to the attention of the Circle Officer, Piprasi within a period of one month on receipt of a copy of this order. This writ application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)