Rana Pratap Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5625 of 2023 ====================================================== Rana Pratap Singh Ram Vinod Singh Resident of Village-Semra, Post-Semra, Police Station-Chiraiya, District-East Champaran, Bihar-845415. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, revenue and Land Reform Department, Government of Bihar, Patna. 2.

The District Magistrate-Cum-Collector, East Champaran, at Motihari, Bihar. 3.

The Sub-Divisional Officer, Sikarhana, East Champaran, Bihar. 4.

The Circle Officer, Circle-Chiraiya, District-East Champaran, Bihar. 5.

Sheikh Bakrid @ Md. Bakrid Son of Sheikh Hamid Resident of VillageKathmalia, Post-Semra, Police Station-Chiraiya, District-East Champaran. Bihar-845415.

6.

The Mukhiya, Gram Panchayat-Semra, Village and Post-Semra, Police Station-Chiraiya, District-East Champaran. Bihar-845415. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Respondent/s :

Mr. Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed seeking direction to the respondents to not settle the land in dispute to anyone, as the said land was used by villagers as grazing filed, burial sites and it was also used for public purposes. The further prayer was made to set-aside the General Notice indicating a proposal to settle the land appertaining to Khata No.382, Khesra No.834, Thana No.132 under Mauja- Semra of District - East

Patna High Court CWJC No.5625 of 2023(3) dt.08-09-2023 2/2 Champaran having area of 2 Acre bearing nature as GairMajarua Malik Parti-qadim.

3. Counsel for the State submits that a counteraffidavit has already been filed in this case and in the said counter-affidavit there is a categorical stand of the State is that after spot verification it has been found that the land in question is of common public use and if the settlement-in-question is made on this plot, it will lead to public interest and accordingly the proposal for settlement in question is dropped. Annexure-A series has already been attached in which the decision to settle this land has been dropped.

4. In this view of the matter, as the grievances of the petitioner has been settled therefor this writ petition is hereby allowed.

(Dr. Anshuman, J.) Ashishsingh/- U