ROSHAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner has challenged the order contained in Annexure-8 dated 20.12.1996 by which the Divisional Commissioner has relied on the order of the Additional Collector, dated 22.8.1991 contained in Annexure-5 to hold that Ajhaula Devi was the daughter of Khedu Yadav.

(2.) The facts are that the Petitioner filed an application for entering his name in the revenue records for the lands in question on the basis of a family partition, numbered as 15 of 1978/95 of 1996 of 1986-86, which was allowed on 19.2.1996 in favour of the Petitioner. The Respondent No. 6 also filed an application on 5.3.1986 to mutate his name with respect to 2 acres and 2 decimals of lands, which they had purchased from the daughter of Khedu Yadav. The Circle Officer allowed the application of the Respondent No. 6 on 21.4.1986. The Deputy Collector Land Reforms set aside the order of the Circle Officer on 30.3.1988, which was challenged before the Additional Collector. The Additional Collector decided in favour of Respondent No. 6. The Petitioner being aggrieved by the order of the Additional Collector, filed an application before the Divisional Commissioner. The Divisional Com-missioner rejected the application on the ground that he did not have the power to hear the matter. Being aggrieved by the order of the Divisional Commissioner, the Petitioner filed CWJC No. 4752 of 1992 which was allowed and the matter was remanded to the Divisional Commissioner to hear the matter.

(3.) The case of the Petitioner is that Rekha Yadav had three sons, namely, Lattu Yadav, Nano Yadav and Daro Yadav. Lattu Yadav had ore son, namely, Prayag Yadav; Nano Yadav had one son, namely, Khedu Yadav and Khedu Yadav had one daughter, namely, Ajhaula Devi, whereas Daro Yadav had two sons, namely, Mahabir Yadav and Bhola Yadav. The Petitioner is the son of Mahabir Yadav.