IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15557 of 2004 1. SAMRUL HAQUE @ SHAMSUL HAQUE SON OF LATE AINUL HAQUE 2. MD. FAZLUR HAQUE SON OF LATE AINUL HAQUE BOTH ARE RESIDENTS OF VILLAGE SHIKARPUR POLCIE STATION KADWA(BALIA-BELON)DISTT. KATIHAR 3. TAHERA KHATOON WIFE OF MALIK MAH LAYIL AND DAUGHTER OF LATE AINUL HAQUE RESIEENT OF VILALGE BALIHARPUR, P.S. KADWA(BALIA- BELON), KATIHAR 4. WAKILAN NISHAN WIFE OF RAZIUDDIN DAUGHTER OF AINUL HAQUE RESIDENT OF VILLAGE RAYANPUR P.S. KADWA(BALIA-BELON)KATIHAR …PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, KATIHAR 3. THE ADDITIONAL COLLECTOR KATIHAR 4. THE ADDITIOAL COLLECTOR CEILING KATIHAR 4(A) DY. SECRETARY TO GOVERNMENT OF BIHAR, PATNA 5. MADHUSUDAN ROY SON OF LATE SANTLAL ROY 6. JALU ROY SON OF ANTU ROY, 7. GHAN SHYAM ROY SON OF DOMAI ROY 8. SUSHILA DEVI WIFE OF FANI GOPAL ROY SL.NO.5 TO 8 RESIDENT OF VILLAGE SHIKARPUR P.S. KADWA P.O.KURUM KATIHAR 9. DHAN LAL ROY SON OF LATE BRIJ LAL ROY 10. HAWALAL ROY SON OF LOBIN ROY SL.NO.9 TO 10 ARE RESIDENT OFVILLAGE KURUM P.O. KURUM P.S. KADWA(BELIA- BELON),KATIHAR 11. SATANU BOSAK SON OF BRINDABAN BOSAK RESIDENT OF VILLAGE MAHINAGAR P.O. MAHINAGAR P.S. BALIA-BELON(KADWA) KATIHAR 12. RASHID SON OF LATE ALIMUDDIN 13. MASIMUDDIN SON OF LATE ALIMUDDIN 14. KASEEM SON OF LATE ALIMUDDIN 15. YASIN SON OF LATE ALIMUDDIN 16. SAMARUL SON OF LATE ALIMUDDIN 17. BAHARUDDIN SON OF LATE ALIMUDDIN SL. NO.12 TO 17 RESIDENTS OF VILLAGE BISHANPUR TOLA KABAIYA P.S. KADWA(BALIA-BELON), KATIHAR 18. SUDHIR DAS SON OF TAINGNU DAS 19. SUKHAN DAS SON OF BASU DAS 20. RAGHUNATH DAS SON OF SAMU DAS SL.NO.18 AND 20 ARE RESIDENT OF VILLAGE BABHANGAON TOLA CHHOWNA, P.S, KADWA(BALIA BELON)KATIHAR 21. ANIL SINGH SON OF LATE CHANDRA MOHAN SINGH 2 22. GANESH LAL SINGH SON OF LATE ZOHILAL SINGH 23. SHIV SHER SHINGH SON OF ZOHILAL SINGH 24. MAHADEV SON OF ZOHILAL SINGH SL.NO.21 TO 24 JAJA, P.S. KADWA(BALIA-BELON)KATIHAR 25. BALDEO BISHWASH SON OF CHUNI BIAWAS 26. RAMESH BISHWAS SON OF CHUNI BIAWAS 27. BHUBAN RAVIDAS SON OF BATASU RABIDAS 28. NARAYAN RABIDAS SON OF BATASU RABIDAS 29. JAGDISH RABIDAS SON OF BATASU RABIDAS SL.NO.25 TO 29 ARE RESIDENT OF VILLAGE BABHANGAON, P.S. KADWA(BALIA-BELON), KATIHAR 30. IRAYATULLA SON OF LATE AZAMATULLA RESIDENT OF VILLAGE MAHESHBATHNA, P.S. BALRAMPUR, KATIHAR …RESPONDENTS ----------- 15. 16.05.2011 Heard counsel for the parties. A supplementary counter affidavit has been filed on behalf of respondent nos. 1 to 4 after service of notice thereof on the petitioner which is taken on record. A reference to the order dated 7.2.2011 would show that the dispute only pertained to 01.87 acres of lands situated in Mouza Bishanpur. Noticing the submission of the petitioner that the possession in respect of the said land(s) has not been restored to the petitioner, the respondents were called upon to file a supplementary counter affidavit. Mr. Jha learned A.C. to G.P.22 with reference to the averments made in paragraph 7 and 8 submits that the grievance of the petitioner has been redressed in its entirety and the application has become infructuous. Paragraph 7 and 8 of the supplementary counter affidavit read as follows:- 3 “That it is important to state here that in compliance of order dated 20.09.2006 passed by the Hon’ble Court the possession was again verified and statement regarding possession was taken by the land holder(petitioner) namely Samrul Haque in presence of five witnesses including SARPANCH and C.O. Kadwa on 25.09.2006. The petitioner has admitted in his statement that some of the land in his unit are given on BATAI for which has no objection. He has further stated that when ever he will want, the BATAI land will be evicted. It is also important to state here that total land of thana no.320, khatano.47, plot no.404,302,302,302/302 area 1.87 acre(approx.) are cultivated by the Bataidar and petitioner has no objection regarding the matter concerned and he has admitted the factual position of the land in question. That it is respectfully stated and submitted that the aforesaid statement along with a report of Karmchari had been sent to Additional Collector(Ceiling) Katihar by the Circle Officer, Kadwa vide his letter no.607 dated 25.09.2006.” In that view of the matter, it appears, the application has become infructuous. It is dismissed as such. hr ( Kishore K. Mandal )