Ashok Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12627 of 2014 =========================================================== Ashok Sah S/o Yamuna Sah Resident of village- Jagdishpur, P.S.- Jagdishpur, District- Bettiah .... .... Petitioner/s

Versus

1. The State of Bihar, through Principal Secretary, Revenue Department Govt. of Bihar, Old Secretariat, Patna.

2. The Commissioner, Tirhut Division, at Muajaffarpur.

3. The Collector of the District, West Champaran at Bettiah, P.O+ P.S+Town, Bettiah.

4. The Addl. Collector cum District Magistrate, Revenue, Bettiah, The Manager Bettiah Raj ( An Officer of the Rank of Addl. District Magistrate of Govt. of Bihar who maages the property in terms of Court of Wards Act)., P.O+ P.S.+ Town-Bettiah.

5. The Circle Officer, Jagdishpur, District- Wet Champaran, P.O+P.S.+ TownBettiah. 6.The Member Board of Revenue, Old Secretariat, Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner : Mr. Surendra Kishore Thakur, Advocate For the State : Mr. Shakib Ayaz, AC to G.P.12 =========================================================== CORAM HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 16-02-2017 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is permitted to implead the Member, Board of Revenue, as respondent No.6. The petitioner has filed the writ petition for a direction to the authorities not to dispossess him from the property which is said to have been settled in his favour by the then Manager, Bettiah

Patna High Court CWJC No.12627 of 2014 dt.16-02-2017 2/2 Raj.

In view of facts being hotly contested, the Court does not find it appropriate to interfere in the matter at the present stage. Faced with the situation, learned counsel for the petitioner submitted that the matter may be remanded to the respondent no.6 who is receiver of Bettiah Estate under the Court of Wards Act.

Learned counsel for the State does not object. In view thereof, the writ petition stands disposed off with liberty to the petitioner to file a detailed representation before the respondent no.6. If such representation is filed within four weeks from today, along with a copy of this order, the respondent no.6 shall pass appropriate orders after giving opportunity of hearing to the petitioner, within two months from the date of filing such representation.

Till then, no coercive steps shall be taken against the petitioner with regard to his possession on the portion of the land which was settled to him by the then Manager, Bettiah Raj, in the year 2001.

(Ahsanuddin Amanullah, J) AnilKrSinha/- U