YOGENDAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The present writ petition has been filed for cancellation of parcha of 24 decimal of the land issued on 29/3/2022 (Annexure-6 series) by which in total 3 decimal of land has been allotted in favour of each private respondents (respondent no.8 to 15) appertaining to Khata No.1494, Plot No.15074, total area ad-measuring 24 decimal of land situated at Mauza Madhubani Tola, Suklahiya, Police Station Sangrampur, District East Champaran in Land Settlement Case No.5 of 2021-22.

(3.) Learned counsel for the petitioner submits that the said land appertaining to Khata No.1494, Plot No.15074 is having total area of 190 decimal and out of 190 decimal, 110 decimal of land was settled in favour of the grandfather of petitioner, namely, Late Doma Raut. He further submits that 60 decimal of land has been carved out for the construction of road and the rest 20 decimal of land was Brahmsthan Temple, as such, no land exists in the aforesaid Khata. Learned counsel further submits that Government had proposed to construct a school on the said land which was left for the construction of road, for which a title suit has been filed bearing Title Suit No.357 of 2009 against the Government of Bihar through District Collector, East Champaran and other officials which is pending before the Court of Sub Judge, Areraj, Motihari, East Champaran. He further submits that the Circle Officer had initiated process for settlement of the said land which was left for road and for which Title Suit No.357 of 2009 was pending but ignoring the pendency of title suit as well as the pendency of injunction petition in the said title suit, he has initiated the process of settlement and subsequently 24 decimal of land had been settled in favour of private respondent nos.8 to 15 of this writ petition. Learned counsel submits that recommendation was made by the Circle Officer, Sangrampur Block, District East Champaran order was passed by the Sub-Divisional Officer, Areraj, Motihari, District-East Champaran and subsequently approved by the Deputy Collector Land Reforms Officer, Areraj, District-East Champaran and thereafter parcha was also granted in this matter to the private respondents.