IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1133 of 2003 VIJAYA SHANKAR SINGH & ORS Versus THE STATE OF BIHAR & ORS ----------- 9 28-06-2010 Heard learned counsel for the petitioner and learned counsel for the respondents. In this case petitioners have challenged the order dated 4.12.2002 passed by the Sub- Divisional Officer Udakishunganj in settlement case No. 3 of 1999-2000, by which plot No. 1446 of Khata No. 753 having an area of 4 decimals have been settled with Shyama Devi. From the impugned order, it appears that the land was inspected by the Circle Officer and it was found the land was a Government land and the applicant was a landless lady of backward class. The petitioners had objected to the settlement proposal of the Circle Officer. From the order itself it appears that the petitioners had admitted that in revisional survey the land was recorded as ‘Anabaad Bihar Sarkar’ but in remarks column it was mentioned that the land was in illegal possession of Dwarika Prasad Singh with house on the same. The petitioners objectors, being heirs of said Dwarika Prasad Singh had therefore claimed the same. However, in repeated - 2 - inspection it was found that the land was vacant and there was no structure on the same and it was not in possession of anyone. Since land was admittedly a Government land, the objection of the petitioner was rejected and order was passed in favour of said Shyama Devi. Learned counsel for the petitioner submits that the land was settled by the ex- landlord in favour of their ancestor and they were coming in possession of the same, therefore, they could not be evicted from the same except in accordance with law. In support of this, he has referred to an earlier order of the settlement officer, Saharsa dated 12-02-1970 annexed as Annexure-8 with the supplementary rejoinder to the show cause. This order shows that in the proceeding, it was found that the ancestor of petitioners had not produced any document in support of settlement of the land by ex-landlord in his favour. Therefore, the Settlement Officer had passed order to delete name of the ancestor of the petitioner i.e. Dwarika Prasad Singh from survey records and directed for recording the same in the name of Bihar Sarkar with mention in the remarks column as in illegal possession of Dwarika - 3 - Prasad Singh. The impugned order shows that in repeated on the spot inspection by different authorities, it was found as a fact that the land was not in possession of anyone and there was no structure on the same. The claim of the petitioner is only on the basis of entry in the remarks column in the revisional survey which mentions the name of Dwarika Prasad Singh as in illegal possession, although admittedly land was recorded as “Anabaad Bihar Sarkar’ in the revisional survey. Learned counsel for the petitioner has advanced submissions which raise disputed questions of fact and question of title of ancestor of the petitioner on the basis of some settlement from the ex-landlord for which admittedly they have no documents. The issues raised by learned counsel for the petitioner can be decided in a suit only and not by this Court in a writ proceeding. Writ petition is accordingly dismissed. S.P. (J. N. Singh, J.)