IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3994 of 2006 SUNDARI DEVI, WIFE OF LATE MOHI GOPE, RESIDENT OF VILLAGE/MOHALLA BAPU NAGAR, NORTH MANDIRI, POLICE STATION- BUDHA COLONY, DISTRICT- PATNA :---PETITIONER. Versus 1. THE UNION OF INDIA THROUGH THE DIRECTOR GENERAL ARCHAEOLOGY SURVEY OF INDIA, JANPATH NEW DELHI. 2. THE SUPERINTENDENT, ARCHAEOLOGY SURVEY OF INDIA, PATNA ANCHAL ANTAGHAT, PATNA. 3. THE STATE OF BIHAR, THROUGH THE SECRETARY, DEPARTMENT OF ART & CULTURE GOVT. OF BIHAR, PATNA. 4. THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY, GOVERNMENT OF BIHAR, PATNA. 5. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 6. THE DISTRICT MAGISTRATE, JEHANABAD. 7. THE SUPERINTENDENT OF POLICE, JEHANABAD. 8. THE CIRCLE OFFICER, MAKHDUMPUR BLOCK, DISTRICT- JEHANABAD. :- --RESPONDENTS. ----------- For the petitioner :- Mr. Balram Kapri, Advocate. For the Union of India :- Mr. Binay Kumar Pandey, CGC. For the State :- Mr. Ajay Kumar Sharma, A.C. to A.A.G.-I. ===== 3. 08.03.2011. Heard learned counsel for the petitioner, Union of India, State of Bihar. 2. Petitioner is aggrieved by the notification of the State Government dated 24th July, 1998, 11th March, 2000, Annexure-2, whereunder his lands bearing Plot Nos. 2768, 2811, 2767 appertaining to Khata No. 633, 634 of Village- Kalanaur (Mirabigha) measuring an area of 1.68, 1.88, 0.22 decimals has been notified as monument under sub-section (1) of Section 3 of the Bihar Ancient Monuments and Archaeological Sites, Remains and Art Treasures Act, 1976. 3. This writ petition has been filed asserting that while publishing the notification dated 24th July, 1998 and 11th March, 2000 name of the petitioner as raiyat of the plot notified as monument has not been indicated in the gazette ignoring the judgment of the - 2 - High Court dated 29th July, 1977 passed in Appeal from Appellate Decree No. 195 of 1970, Annexure-1, whereunder this Court held as follows:- “In these circumstances, the judgment and decree of the lower appellate court are upheld, except one-seventh of 3.70 ½ acres appertaining to plot nos. 2729, 2768 and 2811 which belonged to Mohi Gope.” 4. In the light of the aforesaid finding of the High Court the authorities of the Art, Culture and Youth Department of the State Government were required to have indicated the name of Mohi Gope as the raiyat of the plot(s)-in-question. 5. Having heard counsel for the parties, I direct the authorities of the State Government to consider publication of the corrigendum to the aforesaid notification dated 24th July, 1998 and 28th March, 2000 in the light of the findings of the High Court contained in order dated 29th July, 1977 extracted above as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order before the Deputy Secretary of the Art, Culture and Youth Department of the State Government. 6. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)