IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3844 of 2006 BHARAT NARAIN MISHRA, SON OF MAHARSHI KHAKI BABA, RESIDENT OF MOHALLA KHAKI BABA HATA, CHARITRAVAN, BUXAR, P.S. BUXAR, DISTRICT BUXAR. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, BUXAR. 3. THE SUB DIVISIONAL OFFICER, BUXAR. 4. THE DEPUTY S.P., BUXAR. 5. THE CIRCLE OFFICER, BUXAR, DISTRICT BUXAR. 6. KAMATA CHOUBEY PROF. IN CHARGE, M.V.COLLEGE, BUXAR. 7. BHAGWAT DUBEY SON OF LATE RAM SHARAN DUBEY, RESIDENT OF VILLAGE PURAINIYAN, POLICE STATION SIKROUL, DISTRICT BUXAR, POOJARI OF TEMPLE, RAM JANKI TEMPLE. 8. PAWAN KUMAR DUBEY SON OF LATE SHEO NARAIN DUBEY, RESIDENT OF MOHALLA CHINI MILL, BUXAR, P.S. BUXAR(POOJARI) OF RAM SATI MANDIR. 9. TAPESHWAR CHAUBEY, SON OF NAND JEE CHOUBEY, RESIDENT OF VILLAGE SAWAN BAHAR, POLICE STATON ITARHI, DISTRICT BUXAR(TENANT). 10. VEER KUWAR SINGH UNIVERSITY, ARA THROUGH ITS REGISTRAR. 11. VICE CHANCELLOR, VEER KUWAR SINGH UNIVERSITY, ARA. ----------- 07. 04.03.2011 In compliance of my order dated 3.3.2011 Sri Shiv Kumar Shaib the then Circle Officer, Buxar along with the present Circle Officer, Buxar is present. 2. Heard learned counsel for the petitioner and the State. Counsel for Veer Kuwar Singh University, Ara, respondent nos.10 and 11 is also present but has not filed counter affidavit, although copy of the writ petition was directed to be served on him under order dated 18.7.2006. None appears on behalf of respondent no.6, although Vakalatnama has been filed on his behalf on 14.11.2006. 3. Petitioner has filed this writ petition asserting that he was removed from his residential house situate over plot nos.594, 603 in the town of Buxar on 19.2.2006 by the Sub-Divisional Officer, Buxar and the Deputy Superintendent of Police, Buxar. He also asserted that his belongings were seized by the administration after removing him from the premises in question. In support of the claim that plot - 2 - nos.594, 603 are raiyati land of the petitioner, he placed on record raiyati khatiyan published by Buxar municipality, Annexure-3, wherefrom it appears that in ward no.9 of Buxar town petitioner is the raiyat of plot nos.594, 603 measuring an area of .0210, .0535, .0135, .0150, .0010, .0015, .0020, .0110, .0130, .0005, .0010, .0360, .0010, .0020, .0080, .0015, .0005, .0045, .0180, .1300 Hectare respectively. By filing supplementary affidavit petitioner has placed on record petition dated 31.1.2006 filed by respondent no.6, Incharge Principal, Maharshi Bishwamitra Mahavidyalaya, Buxar, whereunder information was given to the District Magistrate, Buxar that the College premises is in illegal possession of the petitioner where he let loose indiscipline on 17.1.2006, College was closed, teaching/non- teaching staff of the College, however brought the situation under control by using the available space for teaching purposes, request was made to evict the petitioner from the College premises. Aforesaid petition was registered by the Sub-Divisional Officer, Buxar as Misc. Case No.04 of 2006 and disposed of under order dated 14.2.2006 holding the petitioner to be in illegal possession of the College premises with direction to evict the petitioner from the College premises within two days. 4. Learned counsel for the petitioner questioned the order dated 14.2.2006 in the light of the entries made in raiyati khatiyan published by Buxar municipality on 31.3.2000, Annexure-3. In view of the entries made in the raiyati khatiyan, Annexure-3, there is no difficulty in concluding that petitioner occupied the premises in - 3 - question from before 31.3.2000. There being presumption of correctness of the entries made in the raiyati khatiyan, the finding recorded by the Sub-Divisional Officer that petitioner entered the College premises forcibly on 17.1.2006 is contrary to the entries made in the raiyati khatiyan, Annexure-3. It has been submitted on behalf of the petitioner that suit filed by respondent no.6 against the entries made in the raiyati khatiyan, Annexure-3 has been dismissed for default. Accordingly, I set aside the order passed by the Sub- Divisional Officer, Buxar dated 14.2.2006 and direct the Buxar civil administration to restore possession of the petitioner over the premises from which he was evicted on 19.2.2006. Belongings of the petitioner which has since been handed over to the guard of the College as has been confirmed by the then Circle Officer, Buxar is also directed to be restored to the petitioner. Before parting with this order, I would like to observe that the College authorities are at liberty to challenge the entries made in the raiyati khatiyan, Annexure-3 in accordance with law as the officers present in Court have not questioned the genuineness of the raiyati khatiyan, Annexure-3. Possession of the petitioner over the house from which he was evicted be restored to him, as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the Buxar civil administration. 5. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)