Arun Kumar Mahto v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1091 of 2015 ======================================================
1. Arun Kumar Mahto Son of Late Yaddu Mahto Resident of villageAdityadih (Pachahi) PS -Madhepur, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar
2. The District Magistrate, Madhubani
3. The Sub-divisional Magistrate, Jhanjharpur (Madhubani)
4. The Deputy Collector Land Reforms, Jhanjharpur(Madhubani)
5. The Circle Officer, Madhepur (Madhubani)
6. The SHO, Madhepur police Station
7. Ram Prasad Mahto Son of Late Khakhari Mahto Resident of villageAdityadih (Pachahi) PS- Madhepur (Madhubani) .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Baj Rangi Lal, Adv. Mr. Gagandeo Yadav, Adv.
For the Respondent/s : Mr. Suraj Narain Yadav, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 14-07-2015 Heard Mr. Bajarangi Lal, learned counsel for the petitioner, learned counsel for the State and Mr. Suraj Narain Yadav, learned counsel for the private respondents.
The petitioner apprehends action by the State authorities in the light of a settlement which finds recorded in a document placed at Anneuxre-5. It is the submission of Mr. Lal appearing for the petitioner that the document has no legal binding force. The settlement document in question merely records the possession of the private respondent over the disputed land and in respect whereof, there is a title suit pending instituted at the
Patna High Court CWJC No.1091 of 2015 (2) dt.14-07-2015 2/2 instance of the petitioner bearing Title Suit No. 15 of 2010. The minutes of settlement present at Annexure-5 merely mentions that the private respondent is in possession of the land and that his possession would be subject to the final outcome of the suit and that in the meanwhile he shall not make any sale. The settlement order in my opinion is innocuous and the observation by the Committee does not prejudice anybody case. Considering that the land in dispute is pending consideration in the title suit, whatever be the grievance of the petitioner, he can raise before the appropriate forum.
The writ petition is disposed of.
(Jyoti Saran, J) Bibhash/- U