Patna High Court
Rita Devi And Anr vs The State Of Bihar And Ors on 5 September, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7859 of 2018
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1. Rita Devi, Wife of Sri Lalbabu Ram,
2. Chandrakanti Devi, Wife of Sri Fagu Ram,
Both residents of Village- Barohiya, Anchal- Chanpatia, P.S. Chanpatia,
District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Revenue and Land Reforms
Department, Bihar, Patna.
2. District Magistrate, West Champaran at Bettiah.
3. Anchal Adhikari, Anchal- Chanpatia, District- West Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate
For the Respondent/s : Mr. Rishi Raj Sinha, SC-19
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 05-09-2024
Heard the parties.
2. The writ petition has been filed seeking a direction
upon the respondents to settle the land, ad measuring 5 decimals
under Khata No. 394, Kheshra No. 1082, situated at village-
Barohiay, Chanpatia Anchal, District-West Champaran, in
favour of the petitioners, who belongs to scheduled caste
community and have been coming in peaceful possession of the
same for more than 20 years.
3. The claim of the petitioners was duly considered by
the Circle Officer, Chanpatia by instituting Land Settlement
Case No. 04 of 2022-23, a report was sought for from the
Patna High Court CWJC No.7859 of 2018 dt.05-09-2024
2/3
Revenue Clerk, who in response submitted his report dated
14.01.2023, mentioning therein that Kheshra No. 1082 is mentioned as Gair Majarua Malik, Parti Kadim in survey khatian having total area of 3.25 acre. It has also been reported that on certain portion of the land, writ petitioners have constructed thatched house but residing in the residential house constructed upon the land having an area of 2 decimal, settled in favour of the mother-in-law of the writ petitioners vide Settlement Case No. 67 of 2002-03. It is also reported that the writ petitioner and one Chandrakanti Devi are also owner and in possession of raiyati land appertaining to Khata No. 274, Kheshra No. 1102, Area 3.50 decimal and for which a Jamabandi No. 1490 is running.
4. In view of the aforesaid facts, the Circle Officer, Chanpatia has issued a general notice and fixed the date for hearing on 04.02.2023. Finally, the Circle Officer, Chanpatia has disposed of the Land Settlement Case No. 04 of 2022-23, that the land, in question, is of public use and there is a statue of Dr. Baba Sahed Bhim Rao Ambedkar, installed upon the land, in question, and accordingly, the claim of the petitioners have been turned down.
5. The counter affidavit has been filed way back on Patna High Court CWJC No.7859 of 2018 dt.05-09-2024 3/3 02.05.2023, till date, no response has been filed.
6. Considering the aforesaid fact that the prayer of the petitioners for settlement of the land has also been negatived by the concerned Circle Officer, Chanpatia, the writ petition stands closed with a liberty to the petitioners that if the petitioners are aggrieved by the order of the Circle Officer, Chanpatia, they have the remedy to assail the same before the appropriate authority/Court.
(Harish Kumar, J) shivank/-
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