SRI 108 SHYAMAJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this Write application, the petitioner Deity has challenged the order dated 21.9.1993 passed by the Collector, Madhubani in Encroachment Appeal No. 218 of 1989-90, by which the appeal of the Petitioner, against order dated 11.9.1989 passed by the Deputy Collector Land Reforms (Sadar), Madhubani in Encroachment Case No. 2 of 1988-89, has been dismissed. The said order dated 11.9.1989 passed by the Deputy Collector Land Reforms (Sadar), Madhubani has also been challenged in which it has-been held that the Petitioner has encroached upon public land, namely, plot Nos. 277 and 278 to the extent of 10 dhurs and 2 kathas 18 dhurs respectively of the plots.

(2.) Case of the Petitioner is that the said two plots alongwith several other plots belonged to Maharaja Kameshwar Singh, which were, by a gift deed, gifted to the Petitioner Deity. Thereafter, the Deity through its Shevait came in possession of those plots and the entire land gifted was used as homestead of the Deity. In spite of the land being used as homestead, the Respondents raised a demand for land revenue of the land treating it as agricultural land. The same was contested by the Deity in a suit, namely, Title Suit Nos. 121 of 1967/6 of 1974. The said suit was decreed and it was held that, since the land comprised homestead of the Deity and was not being used as agricultural land, no land revenue was liable to be paid for the same to the revenue authorities.

(3.) Subsequently, Respondents received some complaints that the said two plots to the said extent were recorded in the land records as 'Gairmazarua Aam' and 'Kaiser-e-Hind'. Therefore, the erstwhile Maharaja was not legally authorized to give the said plots to the Deity and hence, the Petitioner Deity did not acquire title over the plots and was illegally encroaching upon the said plots to the said extent.