Awadhesh Prasad Singh @ Awadhesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24227 of 2019 ====================================================== Awadhesh Prasad Singh @ Awadhesh Kumar Singh, aged about 59 years, Male, Son of Late Vambahadur Singh, Resident of Village Dhamdaha Hathiyadiyara, P.S. Dhamdaha, District Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, to Govt. of Bihar, Department of Revenue, Bihar, Patna.

2.

The Principal Secretary to Government of Bihar, Department of Revenue, Old Secretariat, Patna.

3.

The Collector of District Purnea.

4.

The Additional Collector Purnea.

5.

The Deputy Collector, Land Reforms, Dhamdaha, District- Purnea. 6.

The Circle Officer, Dhamdaha, District- Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baidyanath Prasad For the Respondent/s :

Mr.Md. Khursid Alam ( Aag12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-12-2019 Heard both sides.

The petitioner filed this writ petition seeking direction to the respondents to mutate the name of the petitioner and grant rent receipts after settlement of the land of Plots No.2505, 2506, 2378, 2834, Area 0.55 decimal and 0.20 decimal in view of the report of the Anchal Amin.

Learned counsel for the petitioner submits that the Anchal Amin reported that the river was flowing through Plots No.2505, 2506, 2378, 2834 of Khata No.4036 but now the river has changed its course and the same is now flowing through the

Patna High Court CWJC No.24227 of 2019(3) dt.12-12-2019 2/2 lands of Plots No.2591, 2592, 2593, which belongs to the petitioner but the lands which was recorded in the name of the State of Bihar and through which the river was flowing came in possession of the petitioner and the petitioner is cultivating the same, therefore, the petitioner claims that same lands be settled in his favour.

The petitioner claims that the lands came in possession of the petitioner on mere report of the Anchal Amin that too without any basis. The lands of the State of Bihar cannot be settled in favour of any person. If the petitioner, so wants, that the lands of State of Bihar on which the river was flowing may be settled, the petitioner be at liberty to file petition for settlement before the authority concerned but without any admitted facts, I am of the view that this Court cannot direct the authority to settle the lands in favour of the petitioner. Having considered the facts aforesaid, I do not find any merit in this writ petition and accordingly, the same is dismissed.

(Prabhat Kumar Jha, J) S.KUMAR/- U T