IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9023 of 2009 Maharudra Jha, son of Late Baba Jee Jha @ Babujee Jha, village Havkarhi, PS Arer, district Madhubani – Petitioner. Vs. 1. The State of Bihar, 2. The Collector, Madhubani. 3. The Subdivisional Officer, Benipatti, District Madhubani. 4. The Anchal Adhikari, Benipatti, District Madhubani – Respondents. 2 31.7.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This writ petition has been filed to de-list the lands belonging to the petitioner from the Sairat register of the Government. The petitioner’s case is that the lands situate in village Havkarhi in the district of Madhubani appertaining to plot nos. 741, 742, 743, 744, 745 and 693 measuring to 1 bigha 3 kathas were settled in the name of father of the petitioner by Maharaj Darbhanga. The name of petitioner’s father was entered in the revenue records and after the death of Baba Jee @ Babujee, the name of the petitioner was recorded. The petitioner has been paying rent to the State of Bihar regularly. The petitioner’s lands came to be included in the Sairat register and he filed an application for delisting. The petitioner also filed T.S. No. 65/1995 for a declaration of title, confirmation of possession and for issuance of permanent injunction against the defendant from interfering in the possession of the petitioner. The title suit was decreed on 29.6.1996. The State went in appeal 2 which was dismissed on 29.4.2004 and the petitioner’s title and possession was confirmed thereafter. After the judgment in the suit and the appeal, the petitioner filed an application before the Anchal Adhikari for de- listing his lands from Sairat referring to the judgment of the civil court to substantiate his claim. The Anchal Adhikari recommended for delisting of the petitioner’s lands from the Sairat register and the matter went up to the Subdivisional Officer for confirmation of the recommendation of the Anchal Adhikari. The Subdivisional officer sought a direction from the Additional Collector, Madhubani regarding the matter. The letter was issued by the Additional Collector on 1.10.2001 and since then the matter has remained pending before him. The Additional Collector ought to have passed an order accepting the recommendation of the Circle officer and the Subdivisional officer and referred the matter to the Fisheries Department who would perhaps be competent in this matter for the purpose of delisting the petitioner’s lands from the Sairat register. I accordingly direct that the Additional Collector/Collector or the authorities of the district in the Fisheries department after considering the judgments in T.S. No.65/1995 and T.A. No. 91/1996 should pass an order or take appropriate steps for delisting the lands of the petitioner from the Sairat register. In case the Additional Collector / Collector of 3 the district thinks it necessary to consult the Fisheries Department, they can do so within a period of one month from the date of receipt / production of a copy of this case. The entire proceeding should be concluded within a period of six months. This writ petition is disposed of with the aforesaid observations and directions. haque (Sheema Ali Khan, J.)