Patna High CourtCWJC/12350/2002dismissed

Bhuwaneshwari Prasad v. The State Of Bihar And ORS

2016-07-26Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12350 of 2002 ====================================================== Bhuwaneshwari Prasad son of Late Chandrika Prasad, resident of Mahalla Ganj No.2, P.O. Bettiah, P.S.Bettiah (Town), District West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Bettiah

2. The Sub Divisional Officer, Bettiah

3. The Land Reforms Deputy Collector, Bettiah

4. The Anchal Adhikari, Bettiah Anchal, Bettiah

5. Mr.Raghav Prasad son of Baldeo Prasad, resident of village Baijnath Pore, P.S.Bettiah (Muffasil), District West Champaran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Verma Mr. Shiv Kumar Dwivedy Mr. Rohit Mishra For the Respondent Nos.1 to 4 : Mr.Abbas Haider, SC 6 Mr.S.Hussain Majeed, AC to SC 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 26-07-2016 The petitioner is aggrieved by order dated 10.11.2002 passed in Settlement Case No. 4 of 2001-2002 by the Sub Divisional Officer, Bettiah, as contained in Annexure-3/5 to the writ petition, whereby 23 decimals of land of plot no.354 has been settled in favour of the private respondent no.5. After going through the pleadings of the whole writ petition, this Court does not find that the petitioner has any legal right over the land in question.

The learned SC 6, appearing on behalf of the respondent nos. 1 to 4, submits that in absence of any legal right to the petitioner with respect to the land in question he cannot be permitted to challenge the validity or otherwise of the settlement of the land in question in favour of the private respondent no.5 who is said to be a poor and landless person and as per finding he is in possession over the land in question for about 25 years.

Patna High Court CWJC No.12350 of 2002 (4) dt.26-07-2016 2/2 In above view of the matter, this Court does not find any good ground to interfere with the impugned order dated 10.11.2002 passed in Settlement Case No. 4 of 2001-2002 by the respondent Sub Divisional Officer, Bettiah (Annexure-3/5) as also the consequential parcha dated 10.11.2002. The writ petition is devoid of merit and is, accordingly, dismissed, but without costs. (Birendra Prasad Verma, J) Tahir/- U