Md.Sheikh Idrish And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5126 of 1994 ===========================================================

1. Md.Sheikh Idrish @ Md. Idrish, son of late Khurram Ali

2. Moinuddin @ Moinuddin Ahmed, son of late Subhan Ali

3. Sheikh Maqbul, son of late Kadir Bux

4. Sheikh Abdul Aziz, son of late Kadir Bux

5. Sheikh Siddique, son of late Kadir Bux

6. Sheikh Safiqul Haque, son of late Khairuddin. Petitioner no. 1 and 2 residents of village Lagwa and petitioner nos. 3 to 6 residents of Village Madargachhi, P.S. Abadpur, District Katihar .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Katihar

2. The Sub Divisional Officer, Barsoi, District Katihar

3. The Deputy Collector, Land Reforms, Barsoi, District Katihar

4. The Circle Officer, Barsoi, District Katihar

5. Dukha Roy, son of Kaluwa Roy

6. Nengra Roy, son of Kaduwa Roy Respondent no. 5 and 6 residents of Village Belwa, P.S. Abadpur, District Katihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Singh, Advocate Mr. Ray Saurabh Nath, Advocate For the Respondent/s : Mr. Dinbandhu Singh, GP-9 Mr. Santosh Kumar, AC to GP-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL JUDGMENT Date: 09-04-2015 Notwithstanding the order passed by the Circle Officer dated 09.06.1992, other orders in Land Settlement Case No. 11/92-93 and order dated 05.04.1994, passed by the Collector, Katihar in Land Settlement Revision Case No. 519/93-94, Annexures-4, 5 claim of the petitioners for possession of the lands in question vide auction sale certificate issued in Execution Case No. 410/54, Annexure-1, order dated 14.06.1955, pursuant whereto possession

Patna High Court CWJC No.5126 of 1994 dt.09-04-2015 2/2 delivered on 15.06.1955 and to establish the same petitioners filed Title Suit No. 48/79, which abated as notification initiating consolidation proceeding was issued and thereafter the two orders, Annexures-4, 5 have been passed by the Circle Officer, Collector, Katihar.

2. Once the consolidation proceedings are over and if the findings recorded by the Consolidation Authorities are against the petitioners, they will be at liberty to file title suit and the finding of the Consolidation Authorities shall be subject to the findings recorded in the said title suit.

3. With the observation aforesaid, the writ petition is disposed of. Status quo regarding possession over the lands in question shall be maintained until institution/ disposal of the title suit. (V.N. Sinha, J.) Rajesh/- U