RAMESHWAR CHOUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Mr. Amit Shrivastava, learned senior counsel assisted by Mr. Sanjay Kumar, learned Advocate appears for the petitioner whereas Mr. Manoj Kumar Singh, learned Advocate represents the opposite party no. 6 and 7 as also Mr. Uday Pratap Singh, learned A.P.P. represents the State.

(2.) Learned senior counsel for the petitioner submits that From Annexure P/1, it would appear that the grand-father of this petitioner and father of opposite party no. 6 and 7 had entered into a settlement whereunder they had agreed that a portion of the land in question shall be used as 'Rasta'. 62 years thereafter the father of opposite party no. 6 and 7 raised a dispute. He constructed a platform (Chabutara) obstructing the 'Rasta' that led to the present dispute.

(3.) It is submitted that when the matter was pending before the Sub-Divisional Magistrate, Jagdishpur, Bhojpur an inspection was carried out by the Circle Officer, Shahpur who submitted a report saying that Satram Yadav (father of O.P. Nos. 6, 7 and 8) had with an intention to connect plot no. 2448 and 2449 constructed a four feet high concrete Chabutara. In his report, he submitted that earlier it was a six feet wide Gali and there was also a drainage earlier. Plot no. 2448 is recorded in Survey Khatihan as Gair Majarua Malik but the opposite party is claiming his possession over plot no. 2449 also and for the same he has filed a title suit in the civil court. The Circle Officer reported that Plot No. 2449 is a government land.