Disposed

Bhikar Ram and Anr. v. the State of Bihar and Ors.

Patna HC15 Jul 2013CWJC/7242/2007

Case brief

AI extract

What is this about?

Single judge order disposing of a writ petition regarding government land. Relied on Sub Judge's finding that private respondents' adverse possession claim is bogus. Directed authorities to enforce order despite pendency of respondents' title appeal.

What did the court decide?

Petitioners directed to pursue their title appeal; private respondents directed to vacate government land; local district authorities directed to deal with private respondents.

Bhikar Ram and Anr. Vs the State of Bihar and Ors. — Landlord and Tenant | Patna HC (2013)

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-IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.7242 of 2007

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====================================================== 1. Bhikar Ram, son of Shyam Bihari Ram 2. Dharamraj Ram, son of Bashisth Ram Both residents of village Nawadih, PO Gamharia, Police Station- Akaurhi Gola, District Rohtas .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Collector, Rohtas at Sasaram 3. The Sub Divsiional Officer, Dehri-on-Sonce, Dehri, District Rohtas 4. The Deputy Collector Land Reforms, Dehri, District Rohtas 5. The Circle Officer, Akaurhi Gola, Police Station Akkaurhi Gola, District Rohtas 6. The Circle Inspector Akaurhi Gola, Police Station Akkaurhi Gola, District Rohtas 7. The Revenue Karamchari, Akaurhi Gola, PS Akaurhi Gola, District Rohtas 8. Shankar Singh 9. Gauri Singh 10. Lallan Singh 11. BabanSingh, son of late Nagina Singh All residents of village- Butaibigha, Police Station Akkaurhi Gola, District Rohtas .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Satyapal Singh For the Respondent/s : Mr. (Ga6) Mr Ram Chandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER

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7 15-07-2013 It is now clearly established by the judgment of the Sub Judge, Rohtas at Sasaram in Title Suit No.266 of 2003, decided on 25^th day of November, 2009 that the claim of the private respondents of adverse possession or settlement in their favour by the ex- landlord is a bogey and a hocus- pocus put up by them to grab a government land, which was duly recorded in the survey

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Patna High Court CWJC No.7242 of 2007 (7) dt.15-07-2013

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2/2

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record as ‘AN-ABAD BIHAR SARKAR’.

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This Court does not have to record anything further beyond what the learned Sub Judge I has done in his judgment, which has been brought on record by the private respondents no.8 to 11 themselves in their counter affidavit. It was their suit for declaration in their favour, which has been dismissed by the Sub Judge after recording clear findings based on the oral as well as so- called documentary evidence produced by the plaintiffs. If that be so, then obviously the private respondents are in thick of soup now and they will have to pursue their Title Appeal No.4 of 2010 and beget some kind of order if they want to remain in possession of the land in question.

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The Navodaya Vidyalaya has already come up and is functional. If the private respondents want to take law in their hands, this Court directs local district authorities to deal with them suitably. Pendency of their Title Appeal does not matter so long as the declaration made by the Sub Judge is not upturned or stayed.

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Writ application stands disposed of with the observation

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as above.

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(Ajay Kumar Tripathi, J)

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Bhikar Ram and Anr. v. the State of Bihar and Ors.

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Bhikar Ram and Anr. v. the State of Bihar and Ors.

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