SUNIL KUMAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application was filed with a prayer that the Respondents should not interfere with the possession of the Petitioners with respect to alluvion land which has been added to the Jama of the Petitioners in view of the provisions of the Bengal Alluvion and Diluvion Regulation, 1825. The lands in question relating to Mauza-Ajmeripur are unsurveyed Diara lands. During the last survey prepared and published in the year 1964, large portion of land was submerged in the water and was recorded as "Margang" of Khesra Nos. 2, 315, 330, 331, 335, 337 and 837. The Mauza being very big, three separate charts were prepared for the lands in question.

(2.) The Petitioners' case is that 300 acres of lands which remained submerged in the river Ganga accessed from the river which has led to the present dispute. The further case of the Petitioners is that the lands which have accessed from the river were settled with them by the ex-landlord and as such the State of Bihar cannot settle the lands to any other party. Before this Court, learned Counsel is taking a plea of least resistence. Counsel for the Petitioners submits that for the time being he is giving up his claim with respect to his title to the lands. It is specifically stated on behalf of the Petitioners that the lands in question appertain to Khata No. 333, and are described below:

(3.) A general notice was issued with respect to Khata No. 333, by the Circle Officer for filing objection as the said plot was recorded in the name of the State of Bihar which is contained in Annexure-7 series. It is the specific case of the Petitioners that Plot No. 1 has not been settled to any party and is in possession of the Petitioners whereas Plots No. 315 and 837 were subsequently settled by Settlement Case Nos. 17 of 1988-89 and 23 of 1988-89.