IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1804 of 2010
Upendra Kumar Chaubey, son of Late Shiveshwar Chaubey, resident of village -Navanagar
Nizamabad (Mokari Tola), P.O.- Kurnowl, PS Sahebganj, District Muzaffarpur. At present-
Advocate Patna High Court, Darbhanga House (President Room), Advocate Association, Patna
High Court
Versus
1. The Union of India through the Director, Archaeological Survey of India, the Ministry of
Human Resources, New Delhi
2. The Ministry of Tourism Development of India through its Secretary, New Delhi
3. The Ministry of Human Resources Department, Archaeological Survey of India, through its
Director, New Delhi
4. The State of Bihar
5. Sri Ashok Wardhan, the Secretary Revenue and Land Reforms Department, Bihar, Patna
6. Smt. Rashmi Verma, the Secretary, Department of Tourism Development, Bihar, Patna
7. Sri Anand Kishore, the Collector-cum-District Magistrate, Muzaffarpur, Bihar
8. Sri Sudhir Kumar, the Additional Collector, Land Reforms, Muzaffarpur
9. Md. Aphar, the Deputy Collector, Land Reforms Muzaffarpur, West.
10. Sri Ramakant Mahto, the Circle Officer, Circle- Saraiya, District Muzaffarpur
11. Sri Anup Kumar Singh, the Circle Officer, Circle Sahebganj, District Muzaffarpur
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For the petitioner: Mr Upnendra Kumar Chaubey, advocate (in person)
For the State: Mr Anjani Kumar, AAG 10
Mr. Sanjay Kumar, AC to AAG 10
For the Union of India: Mr. Kameshwar Pd. Gupta, advocate
.
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7 08-11-2011 Heard the parties.
On behalf of the State a supplementary
show cause has been filed wherein the factual
position with regard to 30 decimals of land of
cadastral survey plot no. 383 of Khata no. 192 has
been properly explained with due reference to revised
plot nos. of revisional survey Khata no. 192.
According to stand of the State only two
decimals of land recorded in RS Khatiyan as
2
Aamrapali Kuti is in possession of the State and is
being used for running of a Government school.
Further stand of the State is that Archaeological
Survey Authorities have to find out and establish that
the plot in question is related to legendary Aamrapali
of Vaishali district. The State having realized that 25
decimals of land of CS Khata no. 383 has been
wrongly shown or wrongly included in the
Jamabandi of some Raiyats has already filed a Title
Suit no. 634/2011 which is pending before Sub Judge
I, Muzaffarpur. The remaining three decimals of land
has been utilized for a public road.
Since the State authorities have already
taken steps by filing a suit for recovering the
possession of Gairmazarua Aam land after
cancellation of wrongly created Jamabandi, in our
view, the order of the Division Bench stands
substantially complied with. An officer of ADM rank
has been authorized to look after the aforesaid suit on
behalf of the State so that it is pursued diligently and
expeditiously. Since the State has taken the required
3
steps, there is no necessity of keeping this contempt
matter pending any further. Accordingly, the
contempt application is finally disposed of. The State
authorities shall produce a copy of this order in the
court of Sub Judge I, Muzaffarpur so that the said
court shall also take required steps for expediting the
disposal of suit.
In contempt matter, we need not say
anything further about the issues which are not in
dispute.
(Shiva Kirti Singh, J.)
BKS/- (Shivaji Pandey, J.)