RASIK BIHARI LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this case the question at issue is whether the building located on Survey plot No. 3761, Khata No. 410, in Mouza Halsi, P. S. Sikandra District Monghyr, is primarily used as a cutchery for the collection of rent of the estate within the meaning of Section 4 (a) of the Bihar Land Reforms Act, which reads as follows :

(2.) FOR these reasons we hold that the respondents in this case have no jurisdiction to take possession of the buildings under the provisions of Section 4(a) read with Section 4 (g) of the Bihar Land Reforms Act. We, therefore, hold that the petitioners are entitled to the grant of a writ in the nature of certiorari for quashing the order of the Additional Collector of Monghyr and the Commissioner of Bhagalpur. The petitioners are also entitled to a writ in the nature of mandamus commanding the respondents not to interfere with the possession of the petitioners ever the house in question. We accordingly allow this application with costs. Hearing fee, Rs. 100/-.