NAND KISHORE CHOUDHARY Vs. JOINT DIRECTOR CONSOLIDATION MUZAFFARPUR

JUDGEMENT

(1.) This writ application has been filed for quashing Annexures-6 and 7 dated 5.5.1981 and 25.6.1984, passed by the Deputy Director, Consolidation, Muzaffarpur and the Joint Director, Consolidation Muzaffarpur respectively.

(2.) There are four family members from the branch of Baidyanath Choudhary namely Radhika Choudhary, Dund Bahadur Choudhary, Chaturbhuj Choudhary and Sachchida Nand Choudhary. Most Champa Devi (who was Petitioner No. 1) is the wife of Dund Bahadur Choudhary and Petitioner No. 2 is the son of Dund Bahadur Choudhary, whereas the Respondents are the heirs of Chaturbhuj Choudhary.

(3.) A Partition Suit numbered as 5 of 1969 was instituted. Eventually by a compromise decree, compromise partition decree was prepared, in which four schedules of lands were prepared in favour of Radhika Choudhary and his three sons. Radhika Choudhary is said to have sold 1.21 decimals of land appertaining to Plot No. 1096 (old), Khata No. 78 corresponding to Plot No. 1960, Khata No. 42 (new). The dispute revolves around the fact that branch of Radhika Choudhary claims that in the compromise, 1.21 decimals of land of the aforesaid plots were allotted to him, whereas the claim of the Petitioner is that 21 decimals of land was allotted to Radhika Choudhary and 1 decimal of land was allotted to Champa Devi (wife of Dund Bahadur Choudhary). Radhika Choudhary sold 1.21 decimals of land on 28.11.1972 to the Respondent Nos. 4 and 5. The Petitioner filed an objection before the Consolidation Officer which has led to the passing of the present orders.