Gorakh Sah And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1835 of 2018 ====================================================== 1.

Gorakh Sah, son of Satyanaran Sah, 2.

Subhash Chandra Prasad @ Subhash Prasad, Son of Ramchandra Prasad. 3.

Mainajer Miyan, Son of Ibrahim Miyan, 4.

Umesh Chandra Prasad @ Umesh Prasad, son of Ramchandra Prasad, 5.

Abdul Hakim Ansari @ Abdul Hakim, son of Fulman Miyan 6.

Srimati Prabhawati Devi @ Prabhawati Devi, wife of Ramchandra Prasad, 7.

Rustam Ali @ Rustam Miyan, son of Abdul Karim @ Jalim Miyan, 8.

Md. Mahodin Ansari @ Mojdin Miyan, son of Isamail Ansari, 9.

Md. Halim Ansari @ Halim Miyan, son of Late Hanif Miyan, 10.

Md. Khalil Ansari, son of Late Fulmohamad Ansari, 11.

Ram Chandra Prasad, son of Late Ramdhani Prasad, All Resident of Village and Post Office- Pipara Naurangiya, Anchal- Jogapatti, District- West Champaran.

12.

Srimati Rajpati Devi, wife of Shrinivas Prasad, 13.

Prabhash Kumar, son of Shrinivas Prasad, Both Resident of VillageNaurangiya Patarkha, Anchal- Chanpatiya, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary, Land Reform Department, Secretariat, Patna.

2.

The Collector, West Champaran at Bettiah.

3.

The Additional Collector, West Champaran at Bettiah. 4.

The Sub- Divisional Officer, Bettiah, West Champaran. 5.

The Land Reforms Deputy Collector, Bettiah, West Champaran. 6.

The Anchal Adhikari, Bettiah, West Champaran. 7.

Manager, Bettiah Raj Senior Deputy Collector-cum- Senior Officer, Bettiah Raj, Bettiah, District- West Champaran.

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

For the Petitioner/s :

Mr. Baxi S. R. P. Sinha, Sr. Advocate Mr. Zainul Abedin, Advocate For the Respondent/s :

Mr. S.C. Yadav, GP-15 Mr. Dhurajati K Prasad, GP-14 Mr. Ram Shankar Prasad, A.C to G.P-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

Patna High Court CWJC No.1835 of 2018(7) dt.19-04-2023 2/3 19-04-2023 Heard learned Senior counsel for the petitioners and learned counsel appearing for the respondents. The petitioners have filed the instant application for the following relief(s):- "That this application is being filed for issuance of appropriate writ order or direction commanding the Respondents to quashed the Public Notice with respect to the petitioners only issued by the District Revenue Department of the Collectoriate, West Champaran, Bettiah the said Public Notice has been issued for settling the agricultural land of Bettiah Raj in the District of West Champaran temporarily for 11 months by holding bid. The said notice has been issued under the signature of the Collector West Champaran, Bettiah dated 13.11.2017."

Learned counsel for the respondents submits that the period of temporary settlement, even as per the petitioners case having long expired, nothing remains to be adjudicated in the instant writ application.

Learned Senior counsel appearing for the petitioners submits that although it is true that the period of settlement for 11 months has expired, however, the petitioners have reasonable apprehension that the respondents may resort to taking similar steps again in the near future.

Patna High Court CWJC No.1835 of 2018(7) dt.19-04-2023 3/3 It goes without saying that in case the respondents take any similar steps, it will always be open for the petitioners to challenge the same in accordance with law. This application stands disposed of having become infructuous.

(Partha Sarthy, J) avinash/- U