Sharwan Kumar Saha @ Sharwan K v. The State Of Bihar And ORS

Patna High Court CWJC No.393 of 2005 dt.07-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.393 of 2005 =========================================================== Sharwan Kumar Saha @ Sharwan Kumar Sah son of Late Anoop Sah resident of village Maniyarpur PS Bidupur District Vaishali .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s =========================================================== Appearance:

For the Petitioner/s : Mr. NARESH CHANDRA VERMA For the Respondent/s : Mr. AC to GP IX =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL JUDGMENT Date: 07-02-2017

1. Heard learned counsel for the petitioner, learned counsel for respondent no. 3 as well as AC to learned GP IX.

2. The case of the petitioner is that old plot nos. 993, 906, 907, 908, 909 were settled to him by the Collector, Vaishali as the petitioner was a defence personnel but subsequently, the Collector, Vaishali in a rent fixation case of respondent no. 3 cancelled the settlement of the petitioner. Further case of the petitioner is that against cancellation order, petitioner came before this court and filed CWJC no. 12010/1996 which was subsequently withdrawn by the petitioner with liberty to file modification petition before the Collector. Thereafter, petitioner filed modification petition before the Collector, Vaishali but the Collector, Vaishali, without making any enquiry and without perusing the lower court record, rejected the modification petition vide order dated 5.7.2003 passed in Misc. Case no. 132/2000-2001.

3. It is admitted case of respondent no. 3 that she had

Patna High Court CWJC No.393 of 2005 dt.07-02-2017 purchased old plot no. 994 from one Sk. Habibur Rahman who had taken the aforesaid land on settlement from ex-landlord.

4. The aforesaid fact goes to show that both parties are claiming their right, title and possession in respect of different lands but even then the aforesaid controversy is not being removed by the concerned authority. Moreover, in course of hearing, learned AC to GP IX submitted that this matter should be remanded back to the Collector, Vaishali for a fresh and proper enquiry because the impugned order dated 5.7.2003 is non-speaking order.

5. In view of the aforesaid facts and circumstances as well as submissions of the parties, the impugned order dated 5.7.2003 passed by the Collector, Vaishali in Misc. Case no. 132/2000-2001 is hereby, set aside and the matter is sent back to Collector, Vaishali with direction to him to make a fresh enquiry in respect of above stated dispute of the parties within three months from the date of receipt/production of a copy of this order. It is made clear that while making the aforesaid enquiry, the Collector, Vaishali shall peruse the lower court record as well as cadastral survey map and revisional survey map so that the dispute of the parties could be decided in a proper way.

Shahid (Hemant Kumar Srivastava, J) AFR/NAFR CAV DATE NA Uploading Date 13.2.2017 Transmission Date 13.2.2017