RANJIT KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and Smt. Amrita, Standing Counsel No.1 (Ceiling) for the State. None appears for Private Respondent Nos. 5(i),(ii) and (iii), the heirs of the landholder although notice of these proceedings have been served on them.

(2.) Petitioners claim themselves to be the raiyat of the lands detailed in paragraphs 11,13,15 and 17 of the writ petition which they acquired through registered sale-deed dated 18.8.1966 from Rajeshwari Prasad Singh who was the settllee of the lands in-question prior to the vesting of the Estate by way of Hukumnana from the ex landlord Rameshwar Prasad Singh as on the basis of the settlement Jamabandi was also created in the name of Rajeshwari Prasad Singh vide Jamabandi No. 36/1961-62. Rajeshwari Prasad Singh later transferred the lands in-question in favour of the four petitioners under sale-deed dated 18.8.1966. By filing this petition petitioners are assailing the order dated 24.11.1999 passed by the Collector, Lakhisarai, Annexure-5, whereunder he has declared the lands in-question as the surplus land of Rameshwar Prasad Singh ignoring Jamabandi No. 36/1961-62 created in favour of Rajeshwari Prasad Singh and the registered sale-deed dated 18.8.1966 executed by Rajeshwari Prasad Singh in favour of the four petitioners on the basis of which Jamabandi was also created in favour of the petitioners in the year 1968.

(3.) It is submitted on behalf of the petitioners that when they learnt that the lands in-question have been erroneously declared as surplus land of Rameshwar Prasad Singh in ceiling case initiated against Rameshwar Prasad Singh then the petitioners requested the authorities to reopen the ceiling case of Rameshwar Prasad Singh to consider the exclusion of the lands in-question from the ceiling case of Rameshwar Prasad Singh as the land stood settled in favour of Rajeshwari Prasad Singh in the year 1945 whereafter Jamabandi No. 36/1961-62 was created in favour of Rajeshwari Prasad Singh who executed sale-deed dated 18.8.1966 in favour of the petitioners on the basis of which petitioners were also mutated in the year 1968 and with reference to the aforesaid transactions it was submitted that the lands could not have been declared as surplus of Rameshwar Prasad Singh unless it is held that the Hukumnama of 1945 and the registered sale-deed dated 18.8.1966 are sham transactions.