IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18379 of 2008 RAM AYODHYA PRASAD, S/O LATE BANARSI SAH, RESIDENT OF VILLAGE & P.S. - RAXUAL, WARD NO.12 (OLD), DISTR4ICT- EAST CHAMPARAN. ….. PETITIONER. Versus 1. THE STATE OF BIHAR, THROUGH THE DISTRICT MAGISTRATE, EAST CHAMPARAN, 2. THE DISTRICT MAGISTRATE, EAST CHAMPARAN, 3. THE SUB-DIVISIONAL MAGISTRATE, RAXUAL, EAST CHAMPARAN, 4. THE BLOCK DEVELOPMENT OFFICER, RAXUAL, EAST CHAMPARAN, 5. THE CIRCLE OFFICER, RAXUAL, EAST CHAMPARAN, …. RESPONDENT 1ST SET. 6. MUNNI LAL MAHTON, S/O SOMAR MAHTON, 7. SHIVNATH MAHTON, S/O MUNNI LAL MAHTON 8. PANNA LAL MAHTON, S/O JANAK MAHTON, 9. ANITA DEVI, W/O SHIVNATH MAHTON. ALL RESIDENTS OF LAKSHMIPUR (DHANGAR TOLI), P.S.-RAXUAL, DISTRICT- EAST CHAMPARAN. … RESPONDENT 2ND SET. ----------- For the petitioner: Mr. Binod Kumar Singh, Advoate. For the State: M/s. Sunil Kumar Mandal, SC-24 and Dr. Abdus Shakoor, A.C. to SC-24 For Opposite Party: Umesh Tiwari, Advocate. 6. 20.12.2010 Heard learned counsel for the petitioner, State and the Private Respondent Nos. 6 to 9. 2. Petitioner claims himself to be the raiyat of 10 dhurs of land bearing Plot no. 1894 appertaining to Khata No.6, Mauza- Korihar, Thana No. 9, Tauzi No. 951, P.S Raxual in the district of 2 East Champaran. It is submitted on his behalf that Private Respondent Nos. 6 to 9 are attempting to raise concrete construction over the same with the aid and assistance of the State-Respondents under Indira Housing Scheme. Petitioner raised the aforesaid contention by filing petition dated 30.3.2007, Annexure-2 before the Sub-divisional Officer, Raxaul requesting him to restrain the Private Respondents from raising any construction over the lands in question. Having received the petition, the Sub-divisional Officer, Raxual under order dated 30.3.2007 itself called upon the Block Development Officer and Officer-in-Charge, Raxual to enquire into the matter and submit report. Pursuant to aforesaid direction the Assistant Sub- Inspector, Raxual P.S. submitted report dated 9.4.2007, Annexure-3. The report from the Circle Officer has not yet been received who is said to be in collusion with the Private Respondents. This Court under orders dated 17.2.2009 while granting interim order restraining the Private Respondents from raising construction over the lands in question 3 issued notice to them. 3. In response to the order dated 17.2.2009, the Private Respondent Nos. 6 to 9 appeared through counsel and it is submitted on their behalf that Private Respondents are landless persons and they have raised their hut over the lands in question much earlier and since then they are residing over the same. The claim of the Private Respondents about their status that they are landless persons and have raised their hut over the lands in question much earlier cannot be adjudicated in this writ petition. Accordingly, it is directed that the revenue authorities of Raxual Sub-division including the Circle Officer, Raxual should verify from the revenue records as to who is the raiyat of the lands in question and submit report before the Sub- divisional Officer about the nature and the ownership thereof whereafter the Sub-divisional Officer shall pass appropriate order. In the event the lands in question are the raiyati lands of the petitioner Private Respondents be accommodated on some other lands by raising Indira Awas. The 4 interim order passed in this case by this Court dated 17.2.2009 shall continue until the Sub-divisional Officer passes appropriate orders, as early as possible, in any case within two months from the date of receipt/production of a copy of this order. 4. The writ application is, accordingly, disposed of. Ibrar/ ( V. N. Sinha, J.)