SURENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned SC 19 for the State.

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

(3.) The brief facts of the case relevant for consideration of the present application is that the petitioner was a tenant on the land in question which was recorded in the name of the father of the respondent no. 7 in the revisional survey khatiyan and jamabandi had also been created in his name. Thereafter, the respondent no. 7 asked the petitioner to vacate the premises in August, 2004 due to default in payment of rent. The petitioner instead got initiated Encroachment Case No. 3 of 2004 by the Circle Officer, Jagdishpur in which by order dated 14.09.2004 the jamabandi in the name of the father of the respondent no. 7 was cancelled. The respondent no. 7 challenged the same before the DCLR, Jagdishpur in Miscellaneous Appeal Case No. 2 of 2004-05. The same was allowed by order dated 30.04.2005 and the original jamabandi in the name of the father of the respondent no. 7 was restored. The petitioner thereafter moved before the Collector, Bhojpur in Miscellaneous Case No. 11 of 2008-09 which was allowed in favour of the petitioner by order dated 01.07.2010 by which the original order passed by the Circle Officer, Jagdishpur dated 14.09.2004 was restored. In the meantime, the respondent no. 7 had filed Eviction Suit No. 10 of 2006 against the petitioner on the ground of default in payment of rent and personal necessity which was decreed in his favour by judgment dated 30.04.2011 against which the petitioner has filed Title Appeal No. 860 of 2011 which is pending. The respondent no. 7 challenged the order passed by the Collector dated 01.07.2010 before the Commissioner, Patna Division in Revision Case No. 135 of 2010 rejecting the same. The respondent no. 7 thereafter moved before the High Court in CWJC No. 3921 of 2014 which was disposed off by order dated 20.05.2016 giving liberty to the petitioner to approach the Bihar Land Tribunal (hereinafter referred to as the 'Tribunal'). In terms thereof, the respondent no. 7 filed BLT Case No. 668 of 2016 before the Tribunal which was allowed by order dated 17.12.2018.