DEVI MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner Devi Mahto is claiming that 4 acres and 65 decimals of lands were settled in his favour by the ex Zamindar who had submitted returns in the name of the Petitioner.

(2.) The case of the Petitioner Devi Mahto is that this 4 acres and 65 decimals of land was originally not a pokhar, but subsequently converted into a pokhar and remained in the possession of the Petitioner. During the revisional survey, the name of the State of Bihar was recorded, which was challenged by the Petitioner by filing an application under Section 106 of the Bihar Tenancy Act. The application under Section 106 of the Bihar Tenancy Act was decided in favour of the Petitioner.

(3.) In the meantime, the District Fisheries Officer settled the lands in favour of Respondent No. 7, Ram Dhani Mahto, the Petitioner of CWJC No. 2074 of 2009. The Circle Officer wrote a letter to the District Fisheries Officer not to settle the lands in favour of any person or any co-operative society. The records indicate that the name of the Petitioner was entered in the Jamabandi No. 104. The District Fisheries Officer requested the Officer-in-charge of Kadiriganj Police Station to restrain the Petitioner from fishing in the said pokhar. Ultimately, by order dated 1.8.2009, the jamabandi of the Petitioner was cancelled by the Land Reforms Deputy Collector which was challenged by filing CWJC No. 18107 of 2009.