RAM PADARATH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned AC to GP 15 for the State.

(2.) The petitioner has moved the Court for the following reliefs:

(3.) The petitioner is aggrieved by the fact that the land in question was already gifted to the Madhymik Vidyalay, Rajaur by registered gift deed no. 15866 dated 02.09.1970. It was submitted that even rent receipt has been issued till 2017-18. Learned counsel submitted that without any justification and patently illegally, the land in question was thereafter said to have been settled in favour of Kumiya Devi, who is the mother of the respondent no. 6, by way of Settlement in Case No. 31 dated 29.01.1988. Learned counsel submitted that the petitioner, who was the then Secretary of the School in question, along with many villagers have filed a representation before the Circle Officer, Gadhpura for cancellation of the settlement made in favour of the mother of the respondent no. 6, on the ground that it could not have been done once the same was gifted by the original landlord, much prior, in favour of the school. It was submitted that the order impugned by the Sub Divisional Public Grievance Redressal Officer, Bakhri dated 07.02.2018, relying only on the subsequent settlement for delivering of possession of the land in question in favour of respondent no. 6, is thus, unsustainable in law.