Patna High CourtCWJC/274/1995disposed

Ratan Kumar Mandal And ANR v. State Of Bihar And ORS

2015-07-09Mr. Justice V.N. Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.274 of 1995 ===========================================================

1. Ratan Kumar Mandal

2. Amol Kumar Mandal Both sons of Bhim Mandal, residents of Village Athare Gopalpur, P.S. Pranpur, Anchal Pranpur, District Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Collector, Katihar

3. Commissioner, Purnea Division, Purnea .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Amar Nath Mishra, Advocate Mr. Sahjanand Sharma, Advocate For the State : Mr. Din Bandhu Singh, GP-9 Mr. Sandip Singh, AC to GP-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL JUDGMENT Date: 09-07-2015 Heard learned counsel for the petitioners and the State.

2 Learned counsel for the petitioners assailed the order dated 10/16.09.1991, passed by Collector, Katihar in Case No. 313/1987-88, Annexure-7 as also undated order passed by Commissioner, Purnea Division, Purnea in Katihar Revenue Revision Case No. 55/1991-92, Annexure-8 whereunder settlement of 1.86 decimals of land in Plot No. 82 appertaining to Khata No. 1 Thana No. 189 of village Baina P.S. Pranpur District Katihar made in favour of the petitioners has been cancelled. In this connection, they claimed title over the lands in question through Parwana, Annexure-5 and the

Patna High Court CWJC No.274 of 1995 dt.09-07-2015 2/2 registered sale deed dated 28.04.1982, Annexures-2, 3. The findings recorded by Collector, Katihar and the Commissioner, Purnea Division, Purnea shall be subject to the contrary finding recorded by the competent civil court and it shall be open for the petitioners to approach the civil court for declaration of title and confirmation of possession over aforesaid lands in question which has come under cloud in the light of the aforesaid two orders passed by the revenue authorities as during pendency of the application petitioners were allowed status quo by this Court under order dated 17.07.1995.

3. With the observation aforesaid, the writ petition is disposed of.

(V.N. Sinha, J) Rajesh/- U