THAKUR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner is aggrieved by the order dated 30.06.1998 passed by the Joint Director, Consolidation, Muzaffarpur. The petitioner is the land holder of plot Nos. 508 and 510, measuring area 0.11 decimals and 0.04 decimals respectively. Plot No. 509 is recorded in the name of State of Bihar having an area 0.04 decimals. The respondents plot number is 22 (old) and 324 (new).

(3.) The case of the petitioner is that he is ploughing the lands of plot Nos. 508, 510 and also utilizing and growing crops over plot of the State of Bihar i.e. plot No. 509. A spot enquiry was made in which the respondent and the petitioner both appeared. Plot No. 222, according to the old khatiyan, measures 1.04 decimals whereas the measurement in the map shows it to be 1.30 decimals. According to the new khatiyan, the land is shown as 1.03 decimals. The respondents, therefore, claims that 0.04 decimals of his lands, according to the land measurement of the map, has amalgamated that plot No. 509 which belongs to the State of Bihar. The Additional Collector, Jamabandi, Muzaffarpur refused to entertain the application of the respondent to carve out 0.04 decimals of lands from plot No. 509. The Joint Director, Consolidation, on the other hand, on the basis of the measurement of the map, directed that 0.04 decimals of land should be carved out from plot No. 509. The petitioner is aggrieved by this order because according to him, his possession would be disturbed over plot No. 509.