IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.18066 OF 2008 ARBIND KUMAR SINGH, SON OF BINDA SINGH, RESIDENT OF VILLAGE JHAKHRA, POLICE STATION GAVINDGANJ, DISTRICT EAST CHAMPARAN VERSUS 1. THE STATE OF BIHAR THROUGH ITS SECRETARY, RURAL DEVELOPMENT DEPARTMENT, PATNA 2. THE CIRCLE OFFICER, ARERAJ, EAST CHAMPARAN ……………………………………………………………………..RESPONDENTS ********* 2 25/07/2009 The petitioner has filed this writ application for quashing the order dated 29.07.2008 passed by the Circle Officer, Areraj, East Champaran whereby he has rejected the application of the petitioner to settle the land in favour of the petitioner on the ground that the land in question was recorded as POKHAR in the Khatiyan. The case of the petitioner is that he is a Military Personnel at present working in the Bihar Regiment 12, Bihar Battalion. He has prayed that he has a large family and no residential accommodation and as such the State of Bihar should settle some land in his favour. Specifically, the prayer has been made with respect to plot no. 1252 appertaining to Khata no. 120 measuring area 4 acres 36 decimals. On receipt of the application of the petitioner, an enquiry was made with respect to the land in question. Two facts emerged; firstly that the 2 land is recorded as POKHAR and secondly, it has been stated by the Amin in his report dated 01.04.2008 that 55 decimals out of 4 acres 36 decimals is GADDHA. On receipt of the report and after examining the Khatiyan, which was prepared more than 50-60 years ago, the Circle Officer has come to a conclusion that the land is a POKHAR which is not capable of being settled. The land in question cannot be settled as it has been recorded in the survey entries as POKHAR. Learned Counsel for the petitioner submits that undoubtedly the lands have been recorded as POKHAR, but the nature of the lands has changed over the past 50 years and now the land is capable of being used for residential purposes. It is further submitted that out of the total land 4 acres 36 decimals, 3 decimals have been settled in favour of one Paras Paswan. Learned Counsel refers to the settlement document which is annexed in the writ application. The submission of the learned Counsel for the petitioner is that the Circle Officer, Areraj ought to have made proper enquiry with respect to the nature of the land in question, visited the spot and reported the topographical position of the land before taking a decision regarding the fact that this land could be 3 settled to the petitioner or not, especially in view of the fact that the Amin of the village has come to a finding that only 55 decimals of land is GADDHA, whereas the rest portion of the land is no longer capable of being used as a POKHAR. These facts ought to be determined by the Circle Officer before passing an order one way or the other. I accordingly direct the Circle Officer, Areraj, East Champaran to make a spot verification and consider whether it is legally permissible to settle the lands of a POKHAR in favour of the petitioner. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )