IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1804 of 2010 Upendra Kumar Chaubey, son of Late Shiveshwar Chaubey, resident of village –Navanagar Nizamabad (Mokari Tola), P.O.- Kurnowl, PS Sahebganj, District Muzaffarpur. At present- Advocate Patna High Court, Darbhanga House (President Room), Advocate Association, Patna High Court Versus 1. The Union of India through the Director, Archaeological Survey of India, the Ministry of Human Resources, New Delhi 2. The Ministry of Tourism Development of India through its Secretary, New Delhi 3. The Ministry of Human Resources Department, Archaeological Survey of India, through its Director, New Delhi 4. The State of Bihar 5. Sri Ashok Wardhan, the Secretary Revenue and Land Reforms Department, Bihar, Patna 6. Smt. Rashmi Verma, the Secretary, Department of Tourism Development, Bihar, Patna 7. Sri Anand Kishore, the Collector-cum-District Magistrate, Muzaffarpur, Bihar 8. Sri Sudhir Kumar, the Additional Collector, Land Reforms, Muzaffarpur 9. Md. Aphar, the Deputy Collector, Land Reforms Muzaffarpur, West. 10. Sri Ramakant Mahto, the Circle Officer, Circle- Saraiya, District Muzaffarpur 11. Sri Anup Kumar Singh, the Circle Officer, Circle Sahebganj, District Muzaffarpur ------------------------ For the petitioner: Mr Upnendra Kumar Chaubey, advocate (in person) For the State: Mr Anjani Kumar, AAG 10 Mr. Sanjay Kumar, AC to AAG 10 For the Union of India: Mr. Kameshwar Pd. Gupta, advocate . ---------------------------------- 7 08-11-2011 Heard the parties. On behalf of the State a supplementary show cause has been filed wherein the factual position with regard to 30 decimals of land of cadastral survey plot no. 383 of Khata no. 192 has been properly explained with due reference to revised plot nos. of revisional survey Khata no. 192. According to stand of the State only two decimals of land recorded in RS Khatiyan as 2 Aamrapali Kuti is in possession of the State and is being used for running of a Government school. Further stand of the State is that Archaeological Survey Authorities have to find out and establish that the plot in question is related to legendary Aamrapali of Vaishali district. The State having realized that 25 decimals of land of CS Khata no. 383 has been wrongly shown or wrongly included in the Jamabandi of some Raiyats has already filed a Title Suit no. 634/2011 which is pending before Sub Judge I, Muzaffarpur. The remaining three decimals of land has been utilized for a public road. Since the State authorities have already taken steps by filing a suit for recovering the possession of Gairmazarua Aam land after cancellation of wrongly created Jamabandi, in our view, the order of the Division Bench stands substantially complied with. An officer of ADM rank has been authorized to look after the aforesaid suit on behalf of the State so that it is pursued diligently and expeditiously. Since the State has taken the required 3 steps, there is no necessity of keeping this contempt matter pending any further. Accordingly, the contempt application is finally disposed of. The State authorities shall produce a copy of this order in the court of Sub Judge I, Muzaffarpur so that the said court shall also take required steps for expediting the disposal of suit. In contempt matter, we need not say anything further about the issues which are not in dispute. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)