Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7167 of 2011 ====================================================== 1. Krishna Mahto Late Ramraj Mahto Village & P.O. Barwat Pasrain, P.S. Mufasil Bettiah, Dist. West Champaran 2. Binod Kumar Verma Sri Bishwanath Prasad Verma Village Seorahi Mathiya, P.S. Nautan, Dist. West Champaran 3. Dhorah Prasad Late Kishun Prasad Village Naya Bazar, Purani Gudari, P.S. Nagar Thana, Bettiah, Dist. West Champaran. 4. Baliram Mahto Late Ramraj Mahto Village & P.O. Barwat Pasrain, P.S. Mufasil Bettiah, Dist. West Champaran. 5. Bunni Lal Raut Late Sadhu Raut Barwat Pasrain, P.S. Mufasil Bettiah, Dist. West Champaran. 6. Lal Babu Sukla Sri Mangal Sukul Village Bhangha, P.O. And P.S. Chanpatiya, Dist. West Champaran. 7. Md. Suleman Rasul Gaddi Village Pujaha, Tola Gadiyani, P.S. Bairiya, Dist. West Champaran. 8. Narendra Mishra Late Surya Mishra Singh Village Durgabagh Bettiah, P.S. Nagar Thana, Bettiah, Dist. West Champaran. 9. Ramchandra Mahto Late Deoraj Mahto Village & P.O. Barwat Pasrain, P.S. Mufasil Bettiah, Dist. West Champaran. 10. Paras Mahto Late Nathuni Mahto Village Bhangaha Naya Tola, P.O. & P.S. Chanpatiya, Dist. West Champaran. 11. Langtu Raut Late Mahabir Raut Village Khadda Bungala Tola, P.S. Nautan, Dist. West Champaran. 12. Chandrika Raut Late Gobardhan Ram Patel Village Jagdamba Nagar, P.O. & P.S. Bettiah, Dist. West Champaran.
Legal Reasoning
13. Ravishankar Thakur Sri Babu Saheb Thakur Village Belwa, P.O. & P.S. Lauriya, Dist. West Champaran. 14. Ramesh Mahto Late Gheghu Mahto Village & P.O. Barwat Pasrain, P.S. Mufassil Bettiah, Dist. West Champaran. 15. Awadh Bihari Mahto Late Bhikhari Mahto Village & P.O. Barwat Pasrain, P.S. Mufassil Bettiah, Dist. West Champaran. 16. Kapildeo Raunt Late Gaya Raut Village Chargaha, P.S. Mufasil Bettiah, Dist. West Champaran. 17. Janardhan Tiwari Late Agaya Nand Tiwari Village Seorahi Mathiya, P.S. Jagdishpur, Dist. West Champaran. 18. Dharamnath Prasad Late Kishun Prasad Village Naya Bazar, Purani Gudari, P.S. Nagar Thana, Betiah, Dist. West Champaran. 19. Maya Mishra W/O Sri Ravishankar Mishra Village Naya Bazar Chowk, Bettiah, P.O. & P.S. Nagar Thana, Dist. West Champaran. 20. Jagdish Yadav Late Jangi Yadav Village Kabilaswa, P.S. Gopalpur, Dist. West Champaran. 21. Shekha Doma Shekha Shah Mahamad Village Sigachhapar, P.S. Mufasil Bettiah, Dist. West Champaran. 22. Bishwanath Prasad Verma Late Sukhdeo Prasad Verma Village Seorahi Mathiya, P.S. Nautan, Dist. West Champaran. 23. Ramadhar Mahto Sri Sahdeo Mahto Village Laptahi, P.O. Bharwa Tola, P.S. Municipal, Dist. West Champaran. 24. Bansi Mali Late Ramdayal Mahto Village East Kargahiya, P.O. & P.S. Mufassil Bettiah, Dist. West Champaran. 25. Dhodha Mahto Late Indrashan Mahto Village Patkhauli, P.O. & P.S. Sanichari, Dist. West Champaran. Patna High Court CWJC No.7167 of 2011 (06) dt.12-02-2013 - 2 - 26. Bhirgunath Yadav Sri Ghurbari Yadav Village Santpur, P.O. & P.S. Nautan, Dist. West Champaran. 27. Mina Devi W/O Binod Raut Mohalla Jagjeevan Nagar, P.O. & P.S. Bettiah, Dist. West Champaran. 28. Doma Raut Late Ram Nath Raut Village & P.O. Barwat Pasrain, P.S. Mufassil Bettiah, Dist. West Champaran. 29. Phulman Khan @ Phulman Mohamad Khan Late Dargahi Khan Village Sirisiya Mathiya, P.O. & P.S. Bairiya, Dist. West Champaran. 30. Raghunath Yadav Late Mathura Yadav Village Dumariya, P.O. & P.S. Bairiya, Dist. West Champaran. 31. Suresh Sahani Late Chandradeo Sahni Village Madhopur Malahi Tola, P.O. Madhopur, P.S. Majhwaliya, Dist. West Champaran. 32. Binod Yadav Late Lagan Yadav Village Dumariya, P.O. & P.S. Bairiya, Dist. West Champaran. 33. Bharat Raut Late Mahabir Raut Village Khadda, P.S. Nauran, Dist. West Champaran. 34. Gopalji Singh Late Khedan Singh Village Rampurwa, P.O. & P.S. Majhwaliya, Dist. West Champaran. 35. Sahdeo Mahto Sri Narayan Bhagar, Village Laptahi, P.O. Bharwa Tola, P.S. Manucipa, Dist. West Champaran. 36. Churaman Yadav Sri Sukut Yadav Village Amwa Bazar, P.O. Rampurwa, P.S. Majhwaliya, Dist. West Champaran. 37. Rajnish Prasad Sri Yogendra Prasad Village Kaligagh, P.O. & P.S. Bettiah, Dist. West Champaran. 38. Sukat Raut Late Gajadhar Raut Village Amwa Bazar, P.O. Rampurwa, P.S. Majhwaliya, Dist. West Champaran. 39. Shambhu Prasad Late Sahdeo Prasad Village Bidaya Nagar, P.O. & P.S. Bettiah, Dist. West Champaran. 40. Rameshwar Prasad Late Jamadar Prasad Village Mohaddipur, P.O. & P.S. Majhwaliya, Dist. West Champaran. 41. Birendra Mishra Late Balbhadra Mishra, Village Raj Compound, Bettiah, P.O. & P.S. Bettiha, Dist. West Champaran. 42. Ramdhari Sah Late Puran Sah Village & P.O. Barwat Pasrain, P.S. Mufasil Bettiah, Dist. West Champaran. 43. Nathuni Yadav Kanhaiya Yadav Village Pujha Patjirwa, P.O. & P.S. Patjirwa, Dist. West Champaran. 44. Singhashan Manjhi Late Dharu Manjhi Village & P.O. Barwat Pasrain, P.S. Mufasil Bettiah, Dist. West Champaran. 45. Rudal Mian Late Jhaman Mian Village Madhopur, P.O. & P.S. Majhwaliaya, Dist. West Champaran. 46. Deolal Manjhi Late Mahadeo Manjhi Village Kharsal, P.O. & P.S. Mufasil Bettiah, Dist. West Champaran. 47. Noor Basar Late Md. Sarif Mohalla Chhabani Bettiah, P.O. & P.S. Beliya, Dist. West Champaran. 48. Umesh Kumar Late Ragho Prasad Mohalla Purani Gudari Bettiah, P.O. & P.S. Bettiah, Dist. West Champaran. 49. Ramdeo Manjhi Late Sukhlal Manjhi Village & P.O. Barwat Pasrain, P.S. Mufasil Bettiah, Dist. West Champaran. 50. Jamadar Sahani Late Mahabir Sahani Village Semariman, P.S. Nawalpur, P.O. Nawalpur, Dist. West Champaran. 51. Ambika Yadav Late Ramsewak Yadav Village Bharpatiya, P.O. Bharwa Tola, P.S. Municipal, Dist. West Champaran. .... .... Petitioners. Versus Patna High Court CWJC No.7167 of 2011 (06) dt.12-02-2013 - 3 - 1. The State of Bihar. 2. The Member Board of Revenue, Bihar, Patna. 3. The Manager, Bettiah Raj, Under Courts of Ward Acts, Bettiah, Dist. West Champaran. 4. The District Magistrate, Bettiah 5. The Superintendent Of Police, Bettiah 6. The Officer-in-Charge, Bettiah Town, P.S. Bettiah, Dist. West Champaran. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kishore Thakur For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-7 Mrs. Parimita Rai, AC to GP-7 For the Bettiah Estate : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 06 12-02-2013 By this writ petition, these petitioners have sought not only virtual declaration of their right to certain lands allegedly settled to them by Manager of the Bettiah Raj, they have also sought for measuring the land and restoring the land as per the agreement. On behalf of Bettiah Raj and Member, Board of Revenue counter affidavits have been filed. Heard the parties and with their consent,
Decision
this writ petition is being disposed of at this stage itself. Bettiah Raj is an Estate which is vested in the Court of Wards and it has a Manager duly appointed by the Board of Revenue and has to be a Government servant. Board of Revenue exercises the power and jurisdiction of Court of Wards in this regard. Thus seen, the ultimate control over the properties of Bettiah Raj vests in the Board of Revenue. Petitioners claim that they were employees of Bettiah Raj. Their salary being very meager and their services required, the Manager of Bettiah Raj made written settlements to them under authority conferred upon him. These settlements were duly executed by the Manager. In the counter affidavit filed by the Manager of Bettiah Raj, it is stated that these settlements Patna High Court CWJC No.7167 of 2011 (06) dt.12-02-2013 - 4 - were without authority inasmuch as no approval was sought for or granted by the Board of Revenue in this regard. With reference to judgment dated 16.01.2008 passed in C.W.J.C. No.3090 of 2004 (Ram Nath Prasad Yadav & Ors. versus State of Bihar & Ors.), learned counsel for the petitioners states and submits that the settlement had been held to be valid in similar situation. Thus, by virtue of settlement, they have acquired right over the land as mentioned in the settlement. They must, thus, be favoured with possession over those settled lands. Whether the petitioners acquired any such possession is the question to be determined in this writ petition. In my view, firstly reliance on the judgment in the case of Ram Nath Prasad Yadav (supra) is slightly misconceived. The facts of that case would itself show that the Court came to a finding that the order-sheet of the Manager, Bettiah Raj clearly indicated that all those settlements were made after approval and budget having been passed by the Board of Revenue. The Court came to a finding that the agreements as executed by the Manager were also not in dispute. Those two facts concluded the matter in favour of the writ petitioners. Here the question remains with regard to approval. There cannot be any dispute that approval for making such settlements even though may be post facto is necessary. The Manager of the Bettiah Raj is not free to continue settlements after settlements without knowledge and approval of the Board of Revenue. In the present case, there is no averment that approval of Board of Revenue in matter of these petitioners were taken. The counter affidavit suggests otherwise. Thus, only on the strength of written settlement/agreements, in my view, it will not be safe for this Court to grant relief to the petitioners. But, the fact remains that petitioners are not in Patna High Court CWJC No.7167 of 2011 (06) dt.12-02-2013 - 5 - fully hostile or unauthorized possession. The Manager, Bettiah Raj had the authority to make settlements. He did make those settlements that are not in dispute. Whether he sought approval or not from the Board of Revenue was his duty. It does not lie in the mouth of the Manager, Bettiah Raj having made those settlements and turned out and contend that he has unauthorizedly made those settlements. But, still the fact remains that if the law requires approval of Board of Revenue then settlements made without approval of Board of Revenue cannot least for the purposes of this Court and this litigation cannot be countenanced or recognized as lawfully binding. Thus, in my view, in this summary jurisdiction of the writ proceedings the rights and liabilities of the parties cannot be decided. It is open to the petitioners to ventilate their grievances before any appropriate forum, which may be the Board of Revenue itself, which would consider that the lands were settled to the petitioners and the settlements gets itself renewed. If the Board of Revenue takes a decision not to accept the settlements then it goes without saying that all other settlements made in similar fashion without approval of Board of Revenue must be immediately investigated and necessary action without discrimination be taken to restore lands to the Estate without the settlements. That would be upon the wisdom of the Board of Revenue. If it is so made, this would not preclude the petitioners from approaching such other forum as they may be advised. It is expected that the Board of Revenue would act reasonably within a reasonable time frame. With these observations and directions, the writ petition stands disposed of. Trivedi/- (Navaniti Prasad Singh, J.)