IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1368 of 2009 CHHEDI MAHTO @ CHHEDI KUSHWAHA . Versus THE STATE OF BIHAR & ORS . ----------- 07. 10.01.2011 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners came to this Court originally with the grievance that by Miscellaneous Case No. 02 of 2008- 09, 129 persons have been sought to be settled on the lands upon which the petitioners claim to be in possession for long 50-60 years consequent to their lands having washed away with flood in the river Gandak. The petitioners in their rejoinder have sought to rely upon certain rent receipts in claim of their being in lawful possession. Counter affidavit has been filed by the official respondents suggesting that the petitioners have only recently occupied lands in question and made construction of huts illegally in the week of February, 2009. The question whether the petitioners have been in settled possession of the lands in question, whether the authorities have acquiesced in their possession, how long they have continued in their possession, whether they have been paying rent for the land in question, when construction have been raised by them etc. or all questions of fact. The counter affidavit denying their claim also raises 2 questions of fact without any material in support of the assertion that the constructions were raised only in February, 2009 by the Circle Officer which in any event does not deal with the rent receipts of the petitioners. The Court is therefore satisfied at this stage, the controversy appears to be once purely of facts to be determined after a spot enquiry by the District Magistrate and hearing granted to the petitioners. Let the District Magistrate do so and pass a reasoned and speaking order preferably within a maximum period of three months from the date of receipt/production of a copy of this order before him. The order has been passed in presence of the State Counsel Till such fresh determination of rights by the District Magistrate, let no coercive action shall be taken against the petitioners to disturb them from the lands in question. The application stands allowed. P.K ( Navin Sinha, J.)