Patna High CourtCWJC/6414/2015disposed

Chandra Prakash Sharma v. The State Of Bihar And ORS

2017-08-23Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 6414 of 2015 ====================================================== Chandra Prakash Sharma, Son of Late Fakir Chandra Sharma, resident of Village- Wazitpur, P.S. and District- Samastipur. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna.

3. The Collector, Samastipur.

4. The Additional Collector, Samastipur.

5. The Circle Officer, Samastipur.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Kripa Nand Jha, Adv. For the Respondent/s : Mr. Indradeo Prasad, S.C. 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner as well as learned counsel appearing for the State.

The grievance of the petitioner is that the Circle Officer, Jitwarpur, Samastipur has issued a notice to him for his ejectment from plot no. 3353, 2890, 2890, 3352 pertaining to khata no. 968 of village Wazitpur District Samastipur on the ground that petitioner illegally possessed the aforesaid lands but as a matter of fact, the aforesaid lands are raiyati lands of the petitioner but the State had settled the aforesaid lands to some other persons for which petitioners filed writ petition before this court in which this court directed the Collector, Samastipur not to

Patna High Court CWJC No.6414 of 2015 (2) dt.23-08-2017 2/2 interfere with the peaceful possession of the petitioner. Learned counsel for the petitioner submits that after the order passed by this court in CWJC No. 4259 of 2003 and CWJC Nos. 3379/3380 of 2003, the Collector, Samastipur cancelled the settlement made in respect of the aforesaid lands but again the Circle Officer, Jitwarpur, District Samastipur has issued the impugned notice. He further submits that moreover, the matter is still pending before the D.C.L.R., Samastipur and, therefore, this writ petition may be disposed of giving direction to D.C.L.R., Samastipur to look into the matter and pass appropriate order in accordance with law.

With the aforesaid observation, this writ petition stands disposed of.

(Hemant Kumar Srivastava, J) SHAHZAD/- U