IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5283 of 2015 ====================================================== 1. Mukti Nath Kushwaha Son of Late Chhedi Kushwaha. 2. Singasan Kushwaha Son of Late Sita Ram Kushwaha. null 3. Sita Ram Kushwaha. Son of Late Raghunath Kushwaha. 1 to 3 all are resident of village- Katiki Semara Labadaha P.S. Piparasi, District- West Champaran. At present resident of village- Belavaniya- Dargauli P.S. Hanuman ganj, District- Kushi Nagar- U.P. 4. Hari Shankar Kushwaha son of Late Babu Ram Kushwaha, resident of village- Bahari Asthan, P.S. Piparasi, District- West Champaran. At present village- Jangal Chauriya P.S. Padarowna, District- Kushi Nagar U.P.. 5. Vijay Kumar Son of Late Narasingh Prasad, resident of village- Manjhariya situhiya P.S. Piparasi, District- West Champaran. ... ... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate, West Champaran. 3. The Sub- Divisional Officer, Bagaha, District- West Champaran. 4. The District Land acquisition officer, West- Champaran. 5. The Anchal Adhikari, Anchal Piparasi, District- west champaran. 6. The Circle Inspector, Anchal- Piparasi, District- West Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Prithvi Nath Mishra, Advocate For the Respondent/s : Mr. Ramadhar Singh, GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 07-07-2025 Heard the parties. 2. The present petition has been preferred for the following relief/s: (i) for issuance of order or orders, direction or directions to commanding the respondents authority for the correction in the "Khesara Patna High Court CWJC No.5283 of 2015(3) dt.07-07-2025 2/5 Book of land measurement of the village- Semara Labedaha, P.S. Piparasi, district- West Champaran and after correction given the notice to the real land holder and after notice given the “Award amount” to the real land holder. 3. A counter affidavit on behalf of the respondent nos. 2 to 6 duly served upon the petitioner on 20.05.2016 is on record and it would be appropriate to incorporate paragraphs 11 to 13 which read as follows: 11. That it is submitted that from perusal of the Enquiry Report submitted by the then C.O. Piprasi and Verification Report submitted by the then S.D.O. Bagha, it is crystal clear that the land in question that has been acquired stands recorded as Gairmazarua malik parti in Revenue Register and the said Jamabandi has been created without permission of competent authority, It may be Patna High Court CWJC No.5283 of 2015(3) dt.07-07-2025 3/5 submitted that the same raises suspicion because no case number of settlement is mentioned on Jamabandi Pangi (i.e. Register 2). Therefore, the claim made by the petitioners on the basis of said settlement is not in accordance with law. 12. That it is submitted that as per Report submitted by C O, Piprasi, the land in question over which the petitioners are making claim is a gairmazarua malik parti and settlement of land in question has been done without permission of the competent authorities. That being a gairmazarua malik land the Award of compensation of the land in question has not been prepared in the name of petitioners and the writ petitioners are not entitled for making claim for Patna High Court CWJC No.5283 of 2015(3) dt.07-07-2025 4/5 compensation with respect to the land in question. Therefore it is submitted that there is no need for carrying out any correction in Khesra Pangi. 13. That it is submitted that after acquisition of the land in question the said land along with other plots have been handed over to the requesting authority vide Form No. 17 dated 25.12.2013. 3. The reply clearly shows that it is ‘Gairmazarua Malik Parti’ recorded in revenue register and in that background when there is no permission from the competent authority, any entry has got no meaning and thus the petitioners are not entitled for any compensation. 4. As recorded above, the copy of the counter affidavit was served on 20.05.2016, the same has not been rebutted. 5. Learned counsel for the petitioners submit that they shall be exploring alternative option in the matter. 6. Granting said liberty and without commenting on Patna High Court CWJC No.5283 of 2015(3) dt.07-07-2025 5/5 the merit of the case, the writ petition stands disposed of. 7. Pending Interlocutory Application(s), if any also stand(s) disposed of. Ravi/- (Rajiv Roy, J) U