IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6514 of 2010 1. BALDEO SAH S/O LATE RAGHU SAH R/O VILL.- MIRJAPUR DHOBAHIN, POST- MATHURAPUR, P.S. SHEOHAR, DISTT.- SHEOHAR Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, SHEOHAR 3. THE ADDITIONAL COLLECTOR, SHEOHAR 4. THE DEPUTY COLLECTOR LAND REFORMS, SHEOHAR 5. THE BLOCK DEVELOPMENT OFFICER, SHEOHAR, DISTT.- SHEOHAR 6. THE CIRCLE OFFICER, SHEOHAR, DISTT.- SHEOHAR 7. SHANKAR MAHTO S/O LATE THAGA MAHTO R/O VILL.- MIRJAPUR DHOBAHIN, POST- MATHURAPUR, P.S. SHEOHAR, DISTT.- SHEOHAR ----------- 03. 30.04.2010 Heard learned counsel for the petitioner and the State, A.C. to G.P.-8 who is seeking further time to file counter affidavit but in view of the fact that under orders dated 16.4.2010 this Court allowed time to the State counsel to file counter affidavit and he has not been able to file the same, this Court is not inclined to grant further time to file the counter affidavit and is disposing of the matter. 2. Petitioner is aggrieved by the general notice dated 27.3.2010 issued by the Circle Officer Sheohar, Annexure-1, whereunder he is proposing to settle Mathurapur Dhobahi Tank. Petitioner is opposing such settlement as under Civil Court decree the plots comprising the said Jalkar has already been decreed in his favour and in the light of the findings contained in the Civil Court decree he applied for mutation of the lands in-question before the Deputy Collector Land Reforms who passed orders in favour of the petitioner but the mutation order is not being complied with by the Circle Officer, Sheohar, whereafter petitioner filed C.W.J.C. No. 12388 of 2009 which was disposed of under orders dated 26.10.2009 (Annexure-11) directing the Deputy Collector Land Reforms, Sheohar, Respondent No. 4 to - 2 - ensure compliance of his own direction contained in order dated 18.3.2008. 3. It is submitted on behalf of the petitioner that in the light of the orders of this Court dated 26.10.2009, Annexure-11 the Deputy Collector Land Reforms issued direction under Letter No. 58 dated 16.3.2010, Annexure-12 asking the Circle Officer to comply the earlier order but ignoring the same Circle Officer has proceeded to issue the notice for settlement dated 27.3.2010, Annexure-1. 4. Let the petitioner appear before the Collector, Sheohar and submit representation detailing the aforesaid facts whereafter the Collector should ensure compliance of the judgment and decree passed in favour of the petitioner and until final order is passed by the Collector over the representation of the petitioner filed in compliance of this order the Collector should ensure that settlement of Mathurapur Dhobahi Tank in the light of notice dated 27.3.2010, Annexure-1 is not made. It is further clarified that in the event Collector is satisfied that the plots comprising the Mathurapur Dhobahi Tank has been decreed in favour of the petitioner then he shall ensure that the settlement notice is cancelled. Appropriate order in the light of this order be passed by the Collector within a reasonable time, in any case within a period of three months from the date of receipt/production of a copy of this order. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)