IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.359 of 2008 1. Ram Narayan Dusadh @ Ram Narayan Paswan, Son of Late Bhikhi Dusadh 2. Asarfi Kuer widow of late Vishwanath Dusadh @ Vishwanath Paswan 3. Sheo Nath Dusadh @ Sheo Nath Paswan Son of late Halkhori Dusadh 4. Jiut Ram @ Jiut Ram Chamar @ Jiut Chamar 5. Baban Ram @ Baban Ram Chamar @ Baban Chamar both sons of late Bilatan Ram 6. Jagjiwan Ram son of late Awadh Ram @ Awadh Chamar @ Awadh Ram Chamar 7. Banga Ram @ Banga Chamar @ Banga Ram Chamar Son of Jagrup Ram 8. Sita Dhobi 9. Kanta Dhobi, both sons of late Bilash Dhobi, all resident of Village and post Piyan, P.S. Sonhan Anchal Bhabua District Kaimur --------- -- Petitioners. Versus 1. The State of Bihar 2. Collector, Kaimur at Bhabua 3. Additional Collector, Kaimur at Bhabua 4. Sub-Divisional Officer, Bhabua District Kaimur 5. Deputy Collector of Land Reforms, Bhabua District Kaimur 6. Circle Officer, Anchal Bhabua District Kaimur ------------- Respondents. ------------- 2. 18.3.2009 Heard Mr. Dharnidhar Mishra for the petitioners, and Mrs. Shail Kumari, learned Standing Counsel No.23. This writ petition is directed against the following recommendation of the authorities, whereby settlement of Government lands in favour of the petitioners has been directed to be cancelled, with the further direction to put proposal for settlement of different lands in their favour: ^^ vfHkys[k dk voyksdu fd;k A xzke fi;kWa Fkkuk lksugu ds [kkrk 142 [ksljk la0 590 jdok 1-18 ,dM+ Hkwfe dh cUnksoLrh 9¼uksS½ Hkwfeghuksa ds chp gqbZ gS] ds fo:) xzkeh.k turk ds vkosnu i= ij jn~n djus dh dkjokbZ izkjEHk dh xbZ gS A bldh tkWap Jh vkyksd dqekj] dk;Zikyd n.Mkf/kdkjh HkHkqvk }kjk fd;k x;k Fkk A iqu% bldh tkWap mi&lekgRrkZ] Hkwfe lq/kkj HkHkqvk }kjk dh xbZ A tkWap izfrosnukuqlkj cUnksoLr Hkwfe lkoZtfud mi;ksx ;Fkk [ksy dk eSnku] ckjkr ikVhZ ds Bgjus dk LFky rFkk Jk) vkfn dk;Z djus ds mi;ksx esa vkrk gS A mi lekgrkZ Hkwfe lq/kkj HkHkqvk ,oa vuq0 2 ink0 HkHkqvk }kjk bl Hkwfe dk Lo:i iwoZor j[kus gsrq vuq”kalk dh xbZ gS rFkk gqbZ cUnksoLrh dks jn~n djus dh vuq”kalk dh xbZ gS A pwWafd bl Hkwfe ds cUnksoLrh 9¼ukS½ Hkwfeghuksa ds chp gqbZ gS A vr% bl cUnksoLrh dks jn~n djrs gq, va0 v0 HkHkqvk dks funsZ”k fn;k tk ldrk gS fd bu cUnksoLrh/kkfj;ksa ds uke vyx ls nwljh Hkwfe dk cUnksoLrh izLrko nsa A ** We have perused the materials on record and considered the submissions of learned counsel for the parties. According to the petitioners, Government lands were settled in favour of nine petitioners by order dated 30.12.1988 (Annexure-1), passed in Land Settlement Case No. 41 of 1988-89. Photo-copies of the Parchas in favour of the petitioners are marked Annexure-2 series. This was followed by the recommendation of respondent no.4 that the lands in question had erroneously been settled in favour of the petitioners because the same are being used by the members of the public as a playground, place of accommodation of Barat Parties, Saradh, and such other use of general nature. This was followed by the aforesaid recommendation of learned respondent no.3 which has been approved. It appears to me on a perusal of the recommendation of respondent no.3, as approved by respondent no.2, that the settlement in favour of the petitioners have been directed to be cancelled for valid reasons. The settlements had been made erroneously because the lands are being used for public purposes. However, the respondent authorities have taken care to safe guard the interests of petitioners by making attempts to settle different lands in favour of the petitioners. The impugned action can not be faulted. The writ petition is dismissed. Vinay/ ( S. K. Katriar ,J. )