IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No 8246 of 2011
KAMLESHWARI MANJHI
Versus
THE STATE OF BIHAR & ORS
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3 27.06.2011 This writ petition was filed on 06.05.2011 and on
11.05.2011, it was adjourned to enable State Counsel to take instructions
and file counter affidavit. State Counsel has neither received instructions
nor filed counter affidavit. A supplementary affidavit has been filed by
the petitioner clearly stating that the lands which are being treated as
sairat for which settlement notices have been issued, as contained in
Anexure-3, are the lands in relation to which petitioner had filed a suit for
declaration of title and confirmation of possession as against the State of
Bihar in which petitioner has succeeded. The lands are raiyati lands of the
petitioner and cannot be settled by the State of Bihar treating it to be a
sairat from prior to the date of vesting. Petitioner runs a vegetable market
thereon which was started in 1990s.
In view of the aforesaid fact and in view of the fact that the
counter affidavit has not been filed and no instructions received, till
further orders, the settlement of Bhangti Hat, as notified by the Circle
Officer, Goadih on 05.04.2011, as contained in Annexure-3, shall remain
stayed.
Put up For Admission on 25th of July, 2011.
M.E.H./ (Navaniti Prasad Singh)