SHANTI DEVI WIFE OF SHRI LAKHAN SINGH AND BHUSHAN KUMAR SON OF SHRI LAKHAN SINGH Vs. STATE OF BIHAR THROUGH COLLECTOR AND ORS

JUDGEMENT

(1.) Heard learned Counsel for the petitioners. No one appears for the State.

(2.) The petitioners pray to set aside the order dated 14.12.1998 and 27.6.1990 passed by respondent Nos. 2 and 3 respectively while exercising their appellate and original jurisdiction under the Bihar and Orissa Municipal Survey Act, 1955.

(3.) The petitioner No. 1, who is the mother of petitioner No. 2, claims to have purchased 16 dhurs of land of plot No. 1132 (new), 6203 (old), Khata No. 960, Tauzi No. 4100 situated at Mohalla-Ramshilla, District- Gaya by registered sale deed dated 5.6.1965 from Smt. Rani Bhueshwari Kunwar, the ex-landlord of Amawan Estate after paying full consideration amount and came into possession over the land in question since then. After purchase, she claims to have constructed a three storeyed Pucca house and has been living there with her family members. The names of the petitioners were also mutated in the Gaya Municipality and they are paying Municipal tax to the Corporation under receipt. In the survey proceedings under the Bihar and Orissa Municipal Survey Act, 1955, the said land was recorded in the name of "Anabad Bihar Sarkar" showing the possession of the petitioners. The petitioners filed objection under Section 9 of the Act before the Assistant Survey Officer, Gaya being Objection Case No. 482 of 1989, but the same was rejected by order dated 27.6.1990. Although the attendance was filed on behalf of the petitioners at the time of hearing but learned Counsel for the petitioners was not present.