IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15930 of 2009 1. INDRA DEO SAH S/O MADAN SAH R/O VILL+ PS-CHAPAHRI, PS- RUPAULI DISTT- PURNIA 2. RUPAULI THANA NAO YATAYAT SAHYOG SAMITI LTD. SAHNI TOLLA RAPAULI THROUGH ITS SECRETARY INDRA DEO SAH------ ----------------------------------PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, PURNIA 3. THE ADDITIONAL COLLECTROR,PURNIA 4. THE ANCHAL ADHIKARI,RUPAULI, DISTT- PURNIA 5. RUPAULI PRAKHAND NAO YATAYAT SWABLAMBI SAHKARI SAMITI LTD. DUMARI THROUGH ITS CHIEF EXECUTIVE KUNDAN KUMAR S/O SHRI JAIDEO MANDAL,R/O VILL- MEHDI, PS-TIKKPATTI, DISTT- PURNEA--------------------RESPONDENTS. ----------- For the petitioner; Mr. Pasupati Pd. Sinha, Advocate For the respondent: Mrs. M. chatterkee. Advocate (Intervenor) For the State: Mr. S.S.Mishra, AC to GA-5 --------- 9 23.3.2010 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the intervenor respondent no.5. A preliminary objection on behalf of the intervenor respondent has been made about the maintainability of the writ application at the instance of the present petitioners. This is on the ground that they are no longer representing the Society in question as their tenure as office bearers has come to an end. The objection does merit some consideration. But keeping in mind the issue which has been raised by the petitioner the Court is not inclined to dismiss this writ application on this score alone. Today a counter affidavit has been filed on behalf of the Secretary, Revenue & Land Reforms Department, Government of Bihar. It is their categorical stand that the matter with regard to settlement of Jalkar including Ghats are governed - 2 - by the various circulars which came to be issued by the State of Bihar in this regard from time to time. Attention has been drawn to annexure-A to the counter affidavit. Taking into consideration the guidelines issued in the circular dated 12th September, 1978 contained in annexure-1 brought on record by the petitioner read with subsequent clarification which has been issued in Annexure-A to the counter affidavit filed on behalf of the Secretary, Revenue & Land Reforms, the Court is of the opinion that with regard to settlement of Ghats in question the guidelines are sufficient indication for the revenue authority, who in the present case I am told is the District Magistrate, Purnia. Since the financial year is coming to an end and next settlement will be required to be made, this writ application is disposed of with a direction that the settlement of the Ghats will be made in terms of the direction contained in annexure-A dated 9.5.2001 and the said clarificatory guidelines which is dated 25th April, 2000. Before parting the Court records that the fresh steps will have to be taken for the new settlement irrespective of the earlier recommendation, if any, made in the past. This writ application stands disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)