Satya Narayan Singh And ORS v. State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1341 of 1996 ===========================================================
1. Satya Narayan Singh son of late Mahavir Singh
2. Kailash Singh son of late Ram Sundar Singh
3. Awadhesh Singh
4. Pankaj Singh
5. Abkesh Singh Sons of Kailash Singh
6. Pramila Devi wife of Satya Narayan Singh
7. Narayan Singh son of Chalitar Singh
8. Munna Singh Son of late Badri Singh
9. Bambam Singh Son of late Badri Singh
10. Mahesh Singh son of late Ramji Singh
11. Raja Singh son of late Ram Shekhar Singh
12. Prithvi Choudhary son of late Triveni Choudhary
13. Gopal Singh, son of Saho Singh
14. Kamleshwari Pd. Singh, son of Jagdeo Singh
15. Nago Singh son of Jhari Singh All are residents of Village-Pawra, Post Office-Pawra, Police Station-Cheria Bariarpur, District-Begusarai
16. Ram Udgar Singh son of late Ram Gulam Singh
17. Radha Singh son of late Ram Gulam Singh
18. Mahendra Singh son of late Ram Bahadur Singh
19. Ram Udit Singh son of late Ram Khelawan Singh
20. Sanjay Singh son of Ram Udit Singh
21. Satya Narayan Singh, son of late Prameshwari Singh
22. Mangal Singh son of late Pachbadan Singh
23. Mukesh Singh son of late Gopal Singh
24. Ram Bilash Singh son of late Chandrashekhar Singh
25. Bhola Singh son of late Triveni Singh
26. Kishundeo Sah son of late Jageshwar Sah
27. Ajit Singh son of Satyadeo Singh
28. Asha Devi wife of Shashi Bhushan Singh
29. Sanjay Kr. Singh son of Damodar Singh
30. Ram Sagar Singh son of late Man Bharan Singh
31. Jandin Singh son of late Man Bharan Singh
32. Rajendra Singh son of late Mahadeo Singh
33. Ram Prit Singh son of late Deb Narayan Singh
34. Ram Sagar Singh son of late Deb Naran Singh
35. Mahendra Singh son of late Deb Narayan Singh
36. Sunil Kumar Singh son of late Deb Narayan Singh
37. Anmol Kumar son of Ram Sakha Singh
38. Rajesh Kumar Singh son of Ram Sakha Singh All are residents of Village-Bhawanandpur (Pawra Dhab), Post Office-Panapur, Police Station-Barauni, District-Begusarai
39. Damodar Singh son of late Mahavir Singh
40. Ramchandra Singh son of late Khusaru Singh
41. Ramchandra Singh son of Lakhan Singh
42. Parmanand Singh son of late Balmiki Singh
43. Thakur Prasad Singh, son of late Ram Lakhan Singh
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44. Ram Bilas Singh son of late Bishundeo Singh alias Ghutaki Singh
45. Ram Kumar Singh son of Ram Bandan Singh
46. Upendra Singh son of late Ram Kripal Singh
47. Ram Sakha Singh son of late Rameshwar Singh
48. Shashi Bhushan Singh of late Ram Kishun Singh
49. Satyadeo Singh son of late Janak Singh
50. Rajesh Kumar Singh son of Ram Sakha Singh
51. Balkrishna Singh son of Basudeo Singh
52. Ramparvesh Dharnidhar Singh
53. Arun Kr. Singh son of Upendra Singh
54. Ram Bilas Singh son of late Bishundeo Singh alias Ghutaki Singh All are residents of Village-Bhawanandpur (Pawra Dhab), Post Office-Panapur, Police Station-Barauni (Birpur), District-Begusarai
55. Shivji Chakrabarti son of late Raj Kishore Chakrabarti
56. Abinas Chakrabarti
57. Nand Gopal Chakrabarti
58. Kailash Chakrabarti
59. Panchanand Chakrabarti
60. Suresh Chakrabarti All sons of Sattrani Chakrabarti
61. Kaleshwar Chakrabarti son of Ambika Chakrabarti
62. Shambhu Chakrabarti
63. Karu Chakrabarti Both sons of late Kisto Chakrabarti All are residents of Village-Bhawanandpur (Pawra Dhab), Post Office-Panapur, Police Station-Barauni (Birpur), District-Begusarai
64. Ram Bilas Singh son of late Shiv Narayan Singh
65. Sharda Devi wife of Chandrika Prasad Singh
66. Malti Devi wife of late Vishwa Bijay Kumar Singh
67. Rabindra Kumar Singh son of Bibhisan Singh
68. Krishna Kumar Singh son of Bindeshwari Singh
69. Dular Singh son of late Surya Narayan Singh
70. Sitaram Singh
71. Uma Shankar Singh
72. Shambhu Shankar Singh All are residents of Village-Panapur, Post Office-Panapur, Police StationBarauni (Birpur), District-Begusarai
73. Mahendra Yadav son of Ramji Yadav
74. Madan Yadav son of Ramji Yadav
75. Kapildeo Singh son of late Prameshwari Singh
76. Dharnidhar Singh son of late Ram Gulam Singh
77. Krishnandan Singh son of Dharnidhar Singh
78. Surendra Singh son of late Balmiki Singh
79. Basdeo Singh son of late Ram Khelawan Singh
80. Chandradeo Singh son of late Ram Khelawan Singh
81. Purandar Singh son of Gita Singh All are residents of Village-Pawra, Police Station-Cheria Bariarpur, Post OfficePawra, District-Begusarai
82. Upendra Singh
83. Mahendra Singh alias Maheshwar Singh Both are sons of Tanul Singh, residents of Village-Pawra, Police Station-Cheria Bariarpur, Post Office-Pawra, District-Begusarai
3/4 .... .... Petitioners
Versus
1. The State of Bihar
2. Collector, Begusarai, District-Begusarai
3. Additional Collector, Begusarai, Begusarai, District-Begusarai
4. Sub Divisional Officer, Begusarai, District-Begusarai
5. Sub Divisional Officer, Majhaul, District-Begusarai
6. Deputy Collector, Incharge Land Reforms, Begusarai District-Begusarai
7. Deputy Collector, Incharge Land Reforms, Majhaul District-Begusarai
8. Circle Officer, Barauni Anchal, Police Station-Barauni, District-Begusarai
9. Circle Officer, Cheriya Bariarpur Anchal, Police Station-Cheriya Bariarpur, District-Begusarai .... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. S.S.Dvivedi Mr. Rakesh Chandra, Adv.
Mr. R.K. Dubey Mrs. Sangeeta Sharma, Adv.
For the State Respondent/s : Mr.Deepak Kumar, A.C. To G.A. 10 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 09-04-2015 Heard the learned counsel for the parties.
Writ application was filed by the petitioners both in their individual as well as representative capacity since they are all residents of village-Bhawanipur, P.O. Panapur, P.S. Barauni, District Begusarai.
The stand of the petitioners is that the land in question measuring to 588 bighas, 6 katthas and 19 dhurs of land is a land belonging to the petitioners or other persons of the village. Such land has emerged because of the change in the course of the river and there is very old Act, which governs the right and interest of persons whose land lie next to the river. The relevant Act is Bengal Alluvion and
4/4 Diluvion Act, 1825 especially Regulation 4 thereto. The reason why these petitioners rushed to this Court and stay order was granted earlier at the initial stage of admission was because the Additional Collector of the area was trying to distribute this land and settle it in favour of other persons. This raised a serious question not only of the right of these petitioners, over the land in question, but it also violates the provisions, which includes the law as well as the custom. These petitioners were sought to be divested of the property in question.
No point will be served by keeping the issue pending now. The writ application stands disposed of with an observation that the Collector of the District has an obligation to hear the petitioners, examine the law talked about in the earlier part of the order before any kind of exercise is done to divest the petitioners of their claim over the property.
Writ is disposed of with the observation above. (Ajay Kumar Tripathi, J.) Vats/- U