Patna High Court
Satish Kumar Das And Anr vs The State Of Bihar And Ors on 5 September, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1991 of 2018
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1. Satish Kumar Das Son of Late Basudeo Lal Das.
2. Harish Kumar Das Son of late Basudeo Lal Das.
Both Residents of Village- Ganaun, Police Station- Ghanshyampur, District-
Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Animal
and Fishery.
2. The Principal Secretary, Department of Fishery, New Secretariat, Patna.
3. The District Magistrate, Darbhanga.
4. The District Fishery Officer, Darbhanga.
5. The Deputy Collector, Land Reforms, Darbhanga.
6. The Additional Collector, Darbhanga.
7. The Sub- Divisional Officer, Benipur.
8. The Circle Officer, Ghanshyampur, Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha
For the Respondent/s : Mr.Rishi Raj Sinha- Sc19
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 05-09-2023
Heard learned counsel for the petitioners and learned
counsel for the State.
2. The present writ petition has been filed seeking
direction to the respondent no.8 to demarcate the boundary of their
pond appertaining to Khata No.126, Khesra No.4997 which is
situated in Mauza Shahpur Ganaun measuring an area of 99 ½
Decimals out of 1 Acre 99 Decimals.
3. Learned counsel for the petitioners submits that
petitioners have purchased the land of Khata No.126, Plot
Patna High Court CWJC No.1991 of 2018 dt.05-09-2023
No.4997 in the year 1944 particularly on 16.05.1944 from one
Hanif S/o Wasil. He further submits that dispute has earlier been
raised by the Government in the year 1973-74 and Deputy
Collector Land Reforms in Sairat Case No.277/73-74 has decided
that the said purchased land by the petitioners is private Pokhar
which is annexed as Annexure-2 in the writ petition. He also
submits that petitioners are continuing in the possession of the said
pond but they need demarcation of their area, therefore, they filed
an application before Circle Officer, Ghanshyampur, Darbhanga
for demarcation of their land.
4. Learned counsel for the State submits that the
counter affidavit has been filed and in the said counter affidavit the
stand has been taken by the State that the claim of petitioners is by
virtue of sale deed dated 16.05.1944, in the said sale deed the Plot
No.3997 is mentioned but actually the plot on which the Pokhar is
situated is Plot No.4997 and according to State till the said plot
shall not be corrected in the said sale deed, the lands cannot be
treated of the petitioners. He further submits that in the Revisional
Survey new Khata No.1526 and New Plot No.1041 is recorded in
the name of "Anabad Bihar Sarkar" and nature of land has been
shown as "pond". In this view of the matter, there is no entitlement
of petitioner as prayed.
5. In this view of the matter that on one hand, there is
Patna High Court CWJC No.1991 of 2018 dt.05-09-2023
wrong entry of plot number made in the sale deed on 16.05.1944
but on the other hand for the same land the order dated 30.06.1982
was passed in Sairat Case No.2 of 1978-79 in favour of petitioners
which has never been challenged by the State and it acquires
finality.
6. In this background, the petitioners are directed to
get a decree from competent Civil Court with regard to
identification of the land in question that whether the land which
they have purchased is the same land or it is different land at all
and till decision of the title suit, there shall be no disturbance from
the State side as the order passed by the Additional Collector has
acquired finality.
7. It is made clear that till the title suit which shall be
filed by the petitioners relating to the registered sale deed, the
State shall make no interference in any manner whatsoever it may
be.
8. With this direction and observation, the present
Writ Petition stand disposed off.
(Dr. Anshuman, J.)
Ritik/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11/09/2023
Transmission Date NA
