IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.354 of 2009 IN (CWJC 10412/2007) Against the judgement and order dated 17.2.2009 passed by Hon’ble Mr. Justice S.K. Katriar in C.W.J.C. No.10412 of 2007. ========================================================== = 1. Shiv Prasad Singh, son of late Fakira Mahto 2. Ram Babu Singh Mahto @ Ram Baby Singh, son of late Fakira Mahto 3. Shahindra Singh @ Sahindra Mahto, son of Munsif Mahto All are residents of village-Koili, P.S. and Anchal -Bathanaha, Distt.-Sitamarhi. .... .... Appellant/s Versus 1. The State Of Bihar 2. The Consolidation Officer, Bathanaha, Sitamarhi 3. The Deputy Director of Consolidation, Distt.-Sitamarhi 4. Joint Director of Consolidation, Muzaffarpur 5. Director of Consolidation, Patna 6. Yogendra Prasad, son of late Singheshwar Prasad, residemt of vill.and P.O.-Koili, P.S. and Anchal-Bathanaha Distt.-Sitamarhi .... .... Respondent/s ========================================================== = Appearance : For the Appellant/s : Mr. Mritunjay Kumar, Advocate For the Respondent/s : Mr. Syed Hussain Majeed, A.C. to A.A.G.-VII PRESENT THE HON’BLE JUSTICE SMT. T. MEENA KUMARI THE HON’BLE MR. JUSTICE AHSANUDDIN AMANULLAH T. Meena Kumari & Ahsanuddin Amanullah,JJ. This Letters Patent Appeal arises out of the order dated 17.2.2009 passed in C.W.J.C. no.10412 of 2007 whereby the order passed by the revisional court declaring the disputed Patna High Court LPA No.354 of 2009 dt.11-07-2011 2 lands in question to be “ Aam Rasta ” has been confirmed. Learned single Judge is of the opinion that the lands in question is a disputed question of fact which cannot be maintained under article 226 of the Constitution of India. In that view of the matter, we are also of the opinion that the disputed question of fact, i.e., the subject matter of the land is “ Aam Rasta ”. We also hold the same view as held by the learned single Judge. Accordingly, this Letters Patent Appeal is dismissed. The Patna High Court 11th July, 2011 Sudip/NAFR ( T. Meena Kumari, J.) ( Ahsanuddin Amanullah, H. )