DEVENDRA THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application, the petitioner has assailed the correctness of the impugned order dated 25.11.2005 passed by the Collector of Madhubani district in Misc. Case No. 138/1998 -99 holding that the oral claim of the petitioner with regard to the title and possession of the land in question, plot No. 6780 & 6781 of mauza Basuki Bihari cannot be upheld especially when the land in question being a sairat (pond) having vested in the State in terms of Bihar Land Reforms Act was being settled by the State for last 30 years.

(2.) It has to be noted that earlier also, the petitioner had moved before this Court with the same claim and this Court did not choose to decide such dispute and relegated the petitioner to approach the District Head of Revenue namely Collector of the district by its order dated 25.1.1999 in CWJC No. 607/1998 which reads as follows: The grievance of the petitioner is that the tank in question belongs to the petitioner which has been settled in favour of the respondent without any notice. It is further submitted that several petitions have been filed before the respondent authority but no order has been passed as yet. Accordingly, in order to expedits the matter, I direct the petitioner to file a fresh representation before the Respondent Collector of the District who will hear the parties and pass an appropriate order without being prejudiced by the order passed by this Court on early as possible preferably within two months from filing of such representation. This disposes of this writ application.

(3.) IN fact the impugned order has been passed pursuant to the aforementioned direction of this Court. The Collector, the District Head of the Revenue, having considered all aspects, has disposed of the application of the petitioner by passing a reasoned order which cannot be said to be vitiated much less interfered by this Court exercising its jurisdiction under Article 206 of the Constitution of India. The Collector in his order has held that LOCAL LANGUAGE