IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16302 of 2001 PRAMOD KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : 1. Mr. Shrinadan Prasad Singh 2. Mr. Ashok Kumar, Advocate. For the Private Respondent No.5 : Mr. Surendra Kishore Thakur, Advocate. For the State : Mr. Dhurendra Kumar, J.C. to S.C.V. ----- 4. 25.09.2008. Heard learned counsel for the petitioner, State and Private Respondent No.5. 2. Petitioner is aggrieved by the order dated 11.08.2001 passed by Collector, Vaishali in Misc. Case No. 9 of 1999-2000, as contained in Annexure-6, whereunder settlement of the lands in-question made in his favour has been cancelled at the instance of Private Respondent No.5 on the basis of the report dated 27.04.2000, wherefrom it appears that part of the lands in-question is found in possession of Private Respondent No.5, whose dilapidated Dalan is raised over the portion of the land. 3. It is submitted on behalf of the petitioner that part of the lands in-question is used by the petitioner as his Sahan and appreciating such fact the earlier settlement order was passed in his favour. 4. Having heard counsel for the parties, I am of the view that the Collector of the District should examine - 2 - the utility of the lands in-question and if the same is not required for any public purpose then after hearing both the petitioner and Private Respondent No.5 the land be settled with them to the extent the land is in their possession and with this direction the impugned order dated 11.08.2001 passed by Collector, Vaishali in Misc. Case No. 9 of 1999-2000, as contained in Annexure-6 is set aside. Parties are directed to appear before the Collector of the District on 10th November, 2008, whereafter Collector should fix a date for hearing and after hearing the parties pass appropriate orders in accordance with law in the light of the directions contained in this order as early as possible, in any case within a period of six months from the date of appearance of the parties before the Collector. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)