RAM BADAN RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The river Ganga has been changing its course over a period of years and a dispute has arisen in regard to a large tract of land on the borders of the State of U.P. and State of Bihar as to whether this land is to be treated as part of the State of Bihar or the State of Uttar Pradesh.

(2.) The appeal has arisen out of Civil Misc. Writ Petition No. 10266 of 1986 filed by six persons (appellants) claiming to be the old residents of village Hansnagar, U.P. as it stood at the time of survey of 1981-83. The Union of India, the State of U. P. and the State of Bihar were impleaded as respondents Nos. 1 to 3. The Board of Revenue, U.P. and the Record Officer, Ballia (UP) were impleaded as respondents Nos. 4 and 5. The appellants sought a writ of mandamus restraining the Record Officer, Ballia, U.P. from carrying on survey and record operations in regard to village Hansnagar, U.P. otherwise than on the basis that it was always a part of the State of U.P. and on the basis that it was not transferred territory under the Bihar and U.P. Alteration of Boundry Act, 1968 (hereinafter called the '1968 Act') and they further required the survey and record operations to be carried out ignoring the directions contained in the Minutes of the meeting of officials dated 19-10-84 and letter of the Board of Revenue dated 10-10-1985. Alternatively, they sought a writ of certiorari quashing the said minutes dated 19-10-1984 and the directions of the Board of Revenue dated 10-10-1985.

(3.) As the matter concerns a few thousands of acres and there is a large volume of litigation pending in the Court, it has become necessary to go into the matter in considerable detail. pleadings in High Court: