High Court Patna High Court - Orders

Hare Krishna Ghosh &Amp; Ors vs The State Of Bihar &Amp; Ors on 15 June, 2010

Patna High Court – Orders
Hare Krishna Ghosh &Amp; Ors vs The State Of Bihar &Amp; Ors on 15 June, 2010
                             IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       CWJC No.9421 of 2010
                                     HARE KRISHNA GHOSH & ORS .
                                              Versus
                                     THE STATE OF BIHAR & ORS .
                                           -----------

2. 15.06.2010 Heard learned Counsel for the petitioner and the

learned Counsel for the State.

The writ petition is being disposed at the stage of

admission itself with the consent of the parties.

The petitioner relies upon the order of the Circle

Officer dated 1.12.1999 claiming recommendation for settlement

in his favour. The impugned order directs him to vacate the

lands in question. It recites that despite opportunity he had not

produced any substantive evidence in support of his claim.

Learned Counsel disputes the recitals by placing

reliance upon the aforesaid settlement order.

Any dispossession from the lands can be only in

accordance with law.

The writ application is disposed with the

observation that if the petitioner has filed the recommendation of

the Circle Officer for settlement in his favour that is a document

to be appropriately considered and discussed in any final order

that may be passed by the authorities only whereafter the notice

for eviction can be given effect to.

The writ application stands disposed.

(Navin Sinha,J.)

Snkumar/-