IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15509 of 2009 1. CHOTELAL YADAV S/O LATE JAGO YADAV VILL.- ARIYA, P.S.- PARBATTA, DISTT.- KHAGARIA Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR AND DISTRICT MAGISTRATE KHAGARIA 3. THE SUB-DIVISIONAL OFFICER GOGRI, DISTT.- KHAGARIA 4. THE D.C.L.R., GOGRI, DISTT.- KHAGARIA 5. THE CIRCLE OFFICER PARBATTA, ANCHAL DISTT.- KHAGARIA 6. SAHEB YADAV S/O .................................. YADAV VILL.- ARIYA, P.S.- PARBATTA, DISTT.- KHAGARIA ----------- 3. 17.11.2009. Heard learned counsel for the petitioner and the counsel for the State. 2. Petitioner claims himself to be the share cropper of 1 bigha 10 kathas of land bearing Plot No.387 appertaining to Khata No.7 of village Ariya, P.S. No.332 within Gogri Sub Division in the district of Khagaria. He has filed this writ application asserting that earlier the aforesaid lands were being cultivated by his father as sharecropper and when his rights as sharecropper of the lands in question was disputed by private respondent no.6 a dispute was raised by his father and his father was declared as a sharecropper of the lands in question but while the matter was in appeal filed by Saheb Yadav respondent no.6, father of the petitioner left for heavenly abode and petitioner was substituted in place of his father. The sharecropping claim of the - 2 - father of the petitioner as also of the petitioner was upheld by this Court under Order No.4 dated 21.7.2000 (Annexure-4). Even after the claim of the petitioner and his father having been affirmed as a sharecropper by the courts below including this Court, the private respondent no.6 is attempting to disturb the possession of the petitioner as sharecropper. 3. Let petitioner invite the attention of the Sub Divisional Magistrate, Gogri towards the conduct of private respondent no.6 and the Sub Divisional Magistrate should consider the request of the petitioner in the light of the records of the earlier sharecropping case and if it is true that earlier the father of the petitioner was cultivating the lands as a share cropper and later after the death of his father petitioner is cultivating the same as a share cropper then the Sub Divisional Officer should ensure that he is allowed to cultivate the lands without there being any hindrance by the private respondent no.6. This writ application is, - 3 - N.H./ accordingly, disposed of. ( V.N. Sinha,J.)