Shankar Sah And ANR v. The State Of Bihar And ORS

Patna High Court CWJC No.8178 of 2015 dt.03-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8178 of 2015 ===========================================================

1. Shankar Sah. Son of Late Parmeshwar Sah. Resident of Village - Abjuganj, P.S.- Sultanganj, District - Bhagalpur.

2. Nand Kishore Ram. Son of Raghu Ram. Resident of village - Nawada, P.S.- Sultanganj, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chief Secretary, Old Secretariat, Bihar, Patna.

3. District Magistrate, Bhagalpur.

4. Block Development Officer, Sultanganj.

5. Circle Officer, Sultanganj.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajiv Ranjan Singh, Advocate. For the Respondent/s : Mr. Roy Shivaji Nath, Advocate. =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 03-10-2016 Heard Mr. Rajiv Ranjan, learned Counsel for the petitioners, and Mr. Roy Shivaji Nath, learned Counsel for the State-respondents. By means of this writ petition, made under Article 226 of the Constitution of India, in the nature of Public Interest Litigation, the petitioners seek to set aside the settlement order passed in Settlement Case No. 2 of 84-85 and 3 of 84-85.

Since the writ petition requires revocation of the status of the alleged persons, in whose favour the land has been settled, a writ

Patna High Court CWJC No.8178 of 2015 dt.03-10-2016 proceeding is not the appropriate proceeding. This petition is therefore, closed with liberty given to the petitioners to take recourse to appropriate provision of law including the suit in a court of competent jurisdiction. (I. A. Ansari, CJ) (Dr. Ravi Ranjan, J) Prakash/- AFR/NAFR CAV DATE Uploading Date 21.10.2016 Transmission Date