Tetar Yadav And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.207 of 2009 ======================================================
1. Tetar Yadav , son of Late Sahvir Yadav
2. Ram Sawaroop Yadav, son of Late Ramu Yadav
3. Anil Kumar, son of Late Ram Dhyan Yadav All are residents of village- Ibrahimpur, P.S. Kinjar, District- Arwal .... .... Petitioners
Versus
1. The State of Bihar
2. The Principal Secretary, Land Reforms and Revenue Department, Govt. of Bihar, Patna
3. The Commissioner, Magadh Division, Gaya
4. The District Magistrate, Arwal
5. The Deputy Collector Land Reforms, Arwal
6. The Sub Divisional Officer, Arwal
7. The Circle Officer, Kurtha , Arwal
8. Feku Paswan, son of Halkhori
9. Naresh Paswan
10. Suresh Paswan
11. Buta Paswan
12. Babu Ram Paswan, 9 to 12 are sons of Feku Paswan
13. Fekan Paswan, son of Mahangu Paswan
14. Tetar Paswan, son of Fekan Paswan
15. Bhugal Paswan, son of Chamru Paswan
16. Etwar Paswan, son of Bikku Paswan
17. Dhur Fekan Paswan, son of Bhukhan Paswan
18. Jhapasi Paswan, son of Dukhu Paswan
19. Ram Dayal Paswan
20. Chhathu Paswan
21. Sheodeni Paswa, 19 to 21 are sons of Jahpsi Paswan Respondents no. 8 to 21 are resident of village- Kamariya, P.S. Kurtha, District- Arwal .... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar For the Respondent/s : Mr. AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................
24-04-2015 Heard Sri Sanjay Kumar, learned counsel for the petitioners and learned AC to SC-1.
Three petitioners, invoking writ jurisdiction of this
Patna High Court CWJC No.207 of 2009 (4) dt.24-04-2015 2/3 Court under Article 226 of the Constitution of India, have prayed for directing the official Respondents to make settlement (Bandobasti) of purported Gang Shikst Land in Thana Nos. 118, 119, Khata Nos. 58,55, 14 and 690 , Plot No.102, 97, 98, 980, 938, 714 and 729 admeasuring about 17.60, 0.92 and 4.85 acres respectively in the name of the petitioners on the ground that petitioners are landholders of adjacent raiyati land. The petitioners have further prayed for directing the officials respondents to restrain Respondent nos. 8 to 21 from entering upon the land and not to give delivery of possession to them.
Of course, in the writ petition specifically in para-13, it has been indicated that Bandobasti has been made with Respondent nos. 8 to 21 way back in the year 1987, no plausible explanation has been made for approaching this Court at such a belated stage. A plea has been taken that after noticing that the measurement of the land was being done, petitioners took steps to obtain the record and then the petitioners approached this Court. It has also been accepted that Parchas were also issued in favour of private Respondents on 03.08.1987. The Court is of the opinion that in case, where settlement was made in the year 1987, the petitioners may not be allowed to raise the issue at such belated stage.
Patna High Court CWJC No.207 of 2009 (4) dt.24-04-2015 3/3 The writ petition stands dismissed.
NKS/- (Rakesh Kumar, J) U