Shail Kumar Singh and Anr v. The State Of Bihar and Ors
CWJC/15950/2017 · 2025-05-05
Rajiv Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 98744 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98744 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15950 of 2017 ======================================================
1. Shail Kumar Singh and Anr S/o Late Ganga Prasad Singh,
2. Ram Shankar Singh, S/o Late Ganga Prasad Singh, Both are residents of Village- Goshaipur Nilami, P.S.- Shyampur Bhathan, District- Sheohar. ... ... Petitioner/s Versus
1. The State Of Bihar
2. The Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna. 3. The Principal Secretary, General Administration Department, Government of Bihar, Patna. 4. The Director, Consolidation, Bihar, Patna. 5. The Joint Director, Consolidation, Muzaffarpur. 6. The District Magistrate-cum-Collector, Sheohar. 7. The Deputy Collector, Land Reforms, Sheohar. 8. Bacha Rai, S/o Late Daroga Rai, resident of Village- Gosaipur Bandobasti, P.S.- Shyampur Bhathan, District- Sheohar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Ms. Anjali Singh, Advocate For the Respondent/s : None. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 05-05-2025 Heard Ms. Anjali Singh, learned counsel for the petitioners. There is no representation of the State. 2. The present petition has been preferred for the following relief/s: (i) to direct the Respondent State Authority/ Authorities to act upon and give effect to the notification being No. 186 dated 15.03.2004 issued by the Commissioner-
Patna High Court CWJC No.15950 of 2017(2) dt.05-05-2025 2/4 Cum-Secretary, Department of Revenue & Land Reforms, Govt.
of Bihar, Patna circulated to the concerned departments of the State Government vide Memo No. 190 under the signature of the Director, consolidation, Bihar, Patna dated 15.03.2004 facilitating and ensuring revival, restoration and functioning of the consolidation
operation/proceeding/s forthwith in general and in the district of Sheohar in particular; (ii) to direct the State Authority/to appoint the
Respondent
Authorities appropriate/competent
consolidation Authority/Authorities in the district of Sheohar at the earliest enabling and ensuring
operationalization
of consolidation Court/forum for transaction of business arising out of consolidation proceeding; (iii) to further direct the Respondent State Authority/Authorities to take immediate,
Patna High Court CWJC No.15950 of 2017(2) dt.05-05-2025 3/4 necessary and effective steps for making necessary/appropriate correction in the Chankbandi Khatiyan relating to Chak plot No. 84 measuring 0.36 decimals of Land carved out of R.S. Plot No. 81 covered under Khata No. 61 measuring 2.64 acres of Land situated at Mausa Gossipur Mal within Thana No. 175 in the district of Sheohar in so for as the Land property in question stood recorded jointly in the name of the petitioners in the R.S. Khatiyan; (iv) to any other relief/reliefs to which the petitioners are found entitled to in the facts and circumstances of the case. 3. A counter affidavit has come on behalf of the respondent nos. 6 and 7 namely District Magistrate, Sheohar and the D.C.L.R., Sheohar and paras- 8 and 9 read as follows:
8. That in another hand R.S. Plot No. 81 bearing under R.S. Khata No.27, measuring 21 decimal and recorded in the name of Bijan Singh and Kunjan Singh, son of Kehri Singh. Patna High Court CWJC No.15950 of 2017(2) dt.05-05-2025 4/4 Hence, it is clear in the above facts that the statement of the petitioner is not correct. 9.
That the statement made in paragraph no.5 of the writ petition, it is stated that the statement has got no legal foundation as mentioned in paragraph no.4, hence, it is hypothetical submission of the fact of the petitioner. 4. This counter affidavit was filed in the year 2019 after service of the copy to the learned counsel for the petitioner on 06.08.2019. There is no reply to it. 5. In that background, this Court does deem it fit and proper to move further in the matter. 6. The writ petition is dismissed. Ravi/- (Rajiv Roy, J) U