Shree Gosai v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2113 of 2013 ====================================================== Shree Gosai Son Of Bhutta Gosai, Resident of Village Harnahi, P.S. & District- Sheohar .... .... Petitioner/s
Versus
1. The State of Bihar through the Collector District Sheohar
2. The Land Reforms Deputy Collector, Land Reforms Office, Sheohar
3. The Circle Officer, Circle Office, Sheohar
4. Most. Budhiya Devi w/o late Sukhal Gosai, resident of village- Harnahi, P.S.+ District- Sheohar.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Respondent No.1 to 3 : Mr. Ratna Deep Prasad, AC to AAG-XI ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 02-11-2015 Heard the parties.
Indisputably, the Settlement Case No. 2 of 2012-13 is pending before the respondent Circle Officer, Sheohar treating the lands in question, detailed in paragraph-1 of the writ petition, as the lands of the State of Bihar.
If the petitioner has any valid claim of his right, title and possession over the lands in question, then at the first instance he must raise all such issues/ claims before the respondent Circle Officer, Sheohar, who shall consider and decide such claims in accordance with law.
In the factual matrix of the case, the petitioner is directed to appear before the respondent Circle Officer, Sheohar with a certified copy of the present order as also with all documents and materials in support of his claim over the lands in question within a period of one month from today. If the petitioner appears in the manner indicated above, the respondent Circle Officer, Sheohar before passing any final
Patna High Court CWJC No.2113 of 2013 (5) dt.02-11-2015 2/2 order regarding the lands in question, shall consider and decide the claim of the petitioner, after giving opportunity of hearing to all concerned including the respondent no.4, by a reasoned and speaking order and only thereafter shall proceed to decide the aforesaid settlement case in accordance with law. The writ petition stands disposed of with the observations and directions made above.
(Birendra Prasad Verma, J) BTiwary/- U