MAHABEER SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) These seven writ petitions have been filed against an order, dated 16.7.1996 of remand by this Court passed in CWJC No. 2619 of 1987. The Division Bench of this court directed that the Land Reforms Deputy Collector should allow the parties to lead evidence regarding the exact nature of the land, on the date of its purchase, so as to determine whether the disputed land is covered by the definition contained in Section 2(f) of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act'). After the order of remand the parties did not lead oral evidence. However, local inspection was conducted as directed by the Land Reforms Deputy Collector on 25.5.1998 regarding the nature of the land.

(3.) I would first deal with the findings of the local inspection which goes to the root of the matter. The land in question was purchased by the private respondents which appertains to plot no. 77, khesra no. 3079. The findings of the Land Reforms Deputy Collector are that west to plot no. 77 is plot nos. 65 and 75. Plot No. 75 belongs to Sudama Ojha which is adjacent to plot no. 77 and part of plot no. 68 touches plot no. 77. Plot No. 77 has been described as Parti land. The main road runs 500' north to plot no. 77 and there are some houses situated just on the road. Adjacent to plot no. 75 is plot no. 86 which is a house and some of the lands have been used to grow maize. Next to plot no. 86, there is a house of Zalim Paswan. Mahabeer Singh, the petitioner has his house on the east of plot no. 77 and has a piece of land on the north side which is being utilized for growing maize. The petitioners also have some lands which extend to the boundary of the west side alongwith the boundary of Sudama Ojha and Imam Bux Ansari. The local inspection which has not been disputed by the either parties reveals as follows: