Patna High Court
Bishwanath Giri & Ors vs The Sub.Div.Officer,Bikramganj on 2 July, 2015
Author: V.N. Sinha
Bench: V.N. Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10705 of 1994
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1. Bishwanath Giri, Chela of Mahant Ram Narain Giri, Village- Sanjhawli Math,
P.O.- Sanjhawli, P.S. Karakat, District- Rohtas.
2. Maharaj Singh, son of late Beyash Singh, Resident of Village- Khutaha, Police
Station- Sanjhauli, District- Rohtas.
3. Bijay Singh, son of Sheo Shankar Singh, Resident of Village- Kori, Police
Station- Natwar, District- Rohtas at present Sanjhauli Math, Police Station-
Sanjhauli, District- Rohtas.
4. Jairam Singh, son of Ram Ratan Singh.
5. Sheo Ratan Singh, son of Raj Kumar Singh
Resident of Village- Rajpur, Police Station- Sanjhauli, District- Rohtas.
6. Deo Chand Singh, son of late Ram Tahal Singh.
7. Ramadhar Singh, son of late Ram Das Singh, Residents of Village- Khutaha,
Police Station- Sanjhauli, District- Rohtas.
8. Radha Sharma, son of Chhathu Sharma.
9. Gauri Kahar, son of late Mathura Kahar.
10. Kamlesh Kahar, son of late Mathura Kahar.
11. Bahadur Bhagat, son of Tengari Bhagat.
12. Ayodhya Kahar, son of late Sukhari Kahar.
13. Tej Narain Singh, son of late Bibhuti Singh.
14. Sigasan Singh, son of late Bibhuti Singh.
Petitioner Nos. 8 to 13 are resident of Village Sanjhauli Math, Police Station-
Sanjhauli, Distict- Rohtas.
15. Baijnath Singh, son of late Nihora Singh.
Resident of Village- Rampur, Police Station- Dinara, District- Rohtas at present
Sanjhauli Math, Police Station- Sanjhauli, District- Rohtas.
16. Ramashish Singh, son of Keshwar Singh, Resident of Village- Darsan Tola,
Police Station- Sanjhauli, District- Rohtas.
.... .... Petitioners
Versus
1. The Sub-Divisional Officer, Bikramganj
2. The Block Development Officer, Bikramganj-cum-President of Sanjhauli Math,
District- Rohtas.
Patna High Court CWJC No.10705 of 1994 dt.02-07-2015
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3. The State of Bihar.
.... .... Respondent
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Appearance :
For the Petitioners : None.
For the Respondents : Mr. A.N. Sinha, G.P. 11.
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CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
ORAL JUDGMENT
Date: 02-07-2015 None appears for the petitioners.
2. By filing the writ petition petitioners have assailed order dated 05.10.1994 passed by Sub Divisional Magistrate, Bikramganj in Case No. 985M/94, Annexure-1, whereunder the learned Magistrate has closed the proceedings observing that parties are at liberty to approach the competent Civil Court. In case petitioners were aggrieved by the aforesaid order dated 05.10.1994, Annexure-1, they ought to have approached the competent Civil Court for the relief prayed for in the writ petition. Besides Annexure-1 petitioners have also challenged general notice dated 29.06.1994, Annexure-30, whereunder Block Development Officer, Bikramganj-cum- President of Sanjhauli Math has asked the general public to appear before him for temporary settlement of the lands of Sanjhauli Math for a period of one year i.e. 1994-95. This Court while admitting the writ Patna High Court CWJC No.10705 of 1994 dt.02-07-2015 3/3 petition under order dated 13.04.1995 had stayed the operation of general notice, Annexure-30.
3. More than 20 years having passed and there has been stay of the operation of the notice, Annexure-30, prayer made to quash the said notice has become infructuous.
4. The writ petition is, accordingly, dismissed.
(V.N. Sinha, J) P.K.P. U