IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No 11558 of 2010
Ram Prakash Singh & Anr
Versus
The State Of Bihar & Ors
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7 28.06.2011 Petitioners challenge order dated 28.04.2010 passed in
Bataidari Case No 31 of 2008-2009 by the DCLR, Sitamarhi which is
Annexure-4 to the writ petition. On behalf of petitioners, it is submitted
that the present land was acquired by the petitioners long back on
exchange with Thakurbari by registered sale deed. In the earlier
proceedings as between the parties, the DCLR rejected the claim of some
of the private respondents. Now, after 15 years, the same very set were
laying claim as bataidar all over again.
Counsel for private respondent is present and has been
heard. Counsel for the petitioners submits that the ordersheet would show
that the notices were issued not to the petitioners in the proceedings and
petitioners have not been named as party-respondents in the proceedings.
Only the Shebait of the temple, who earlier held the land, was noticed.
Learned counsel for private respondent No 4 submits that he can establish
that notices were issued to the petitioners and petitioners have appeared.
He requires time to file counter affidavit. Let him do so.
Put up For Admission on 25th of July, 2011 to enable
counsel for respondent No 4 to file comprehensive counter affidavit so
that the matter may be disposed of at the stage of admission itself.
Till further orders, parties would maintain status quo and
the order in question will not be implemented.
M.E.H./ (Navaniti Prasad Singh)