Md. Mojim And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12999 of 2013 ======================================================

1. Md. Mojim Son Of Late Md. Vasir Miya Resident Of Village- Paina Tola- Chanda, P.S.- Chausa, District- Madhepura

2. Md. Razzaque Son Of Md. Mangan Miya Resident Of Village- Paina Tola- Chanda, P.S.- Chausa, District- Madhepura .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Magistrate, Madhepura

3. The Sub Divisional Officer, Udakishanganj, Madhepura

4. The Deputy Collector, Land Reforms, Udakishanganj, DistrictMadhepura

5. The Anchal Adhikari, Chausa, District- Madhepura .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Respondent/s : Mr. Prashant Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-03-2016 Mr. Sunil Kumar Singh for the petitioner and the counsel for the State are present.

No counter affidavit is filed on behalf of the respondent(s).

The application seeks a direction upon the respondent(s) not to give effect to the proposal which was initially sanctioned on the recommendation by the respondent Circle officer to hand over the land detailed in para -7 to the concerned Gram Panchayat for construction of cattle shed. It appears the subject land was recorded in the RS

Patna High Court CWJC No.12999 of 2013 (2) dt.09-03-2016 2/3 khatiyan as gairmajaruwa Anabad Bihar Sarkar. On the said premises the revenue authority proposed for handing over the land to the Gram Panchayat for construction of the cattle shed. Mr. Singh states that a Title Suit being Title Suit No. 90 of 2009 was filed for setting aside the RS entry by the writ petitioners which, on contest, was allowed vide judgment dated 15.9.2010 (Annexure-1). Having found that a decree of the competent Civil Court was passed in favour of the petitioners respecting the subject land the respondent- Circle Officer vide Annxure-4 proposed for the withdrawal of the earlier proposal/recommendation made by him. Annexure-6 is the communication dated 17.1.2013 issued by the Sub Divisional Officer to the Anchal Amin.

On perusal whereof, it appears that considering the recommendation of the Revenue authority for dropping the proposal of handing over the land to the Gram Panchayat in the light of the decree passed by the Court, the Sub Divisional Officer has directed to take steps for filing appeal thereagainst. The recommendation for cancellation of earlier proposal was acceded to by the Sub Divisional Officer.

Patna High Court CWJC No.12999 of 2013 (2) dt.09-03-2016 3/3 light of the earlier proposal for hading over the subject land to the Gram Panchayat treating the land as the Government land . Obviously, any step in respect of the subject land can be taken by the respondent consistent with the decree of the Court. The application is accordingly disposed of.

(Kishore Kumar Mandal, J) Shyam/- U