BISHWANATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ applications has been filed by the petitioner for quashing the order of the Anchal Adhikari, Maner, dated 2-2-1979, annulling an earlier order dated 11-1-1978 by which the petitioner had been granted a parcha under the provisions of the Bihar Privileged Persons Home-stead Tenancy Act, 1947 (for short 'the Act').

(2.) The case of the petitioner is that he is a privileged person within the meaning of the Act and was entitled to the grant of the parcha with respect to the land over which he had constructed his residence and has been living for several years. The petitioner's ancestors were residents of village Jamunipur situated on the southern bank of river Ganga. The whole of the village went into the bed of the river in the floods of 1960 and the residents were rehabilitated elsewhere. The Government also acquired certain lands for rehabilitation of the flood-stricken people, but according to the petitioner's own case, no land was given to him. He, therefore, along with a co-villager (Ram Lachhan Singh) took shelter over 5 decimals of land towards the south-eastern corner of survey plot No. 538 under khata No. 221 in village Sarai Naner, be-longing to respondent No. 3 and after raising a hut, began to live there with the members of his family. In this way the petitioner claims that he has been living in said dwelling house right since the floods of the year 1960 and he holding no other land, nor, being a Mahajan etc., was covered within the umbrella of the definition of "privileged tenant" within the meaning of the Act and thus entitled to remain in occupation of the same without any disturbance. It is not the case of the petitioner that he entered upon the land with the consent of respondent No. 3, namely, the landlord of the land, or ever paid any rent to him. All that he has alleged in the petition in this regard is that 5 decimals of land in question has been held and used by him "with consent, express and implied, of the landlord-respondent No. 3, for residential purposes..." and that he "has always been agreeable to pay fair and equitable rent that may be determined by the appropriate authority".

(3.) Sometime in the year 1977 the petitioner made an application before the Anchal Adhikari, Maner, for grant of a parcha although in the petition he has said that ho made the said application for determination and settlement of fair and equitlable rent "as there was no contract between respondent No. 3 and the petitioner", but the application, a copy of which has been made Annexure 1 to the writ application, does not make such statement. All that is stated therein is that the petitioner has been living in the hut constructed over 5 decimals of land in question from the last 15 years and, therefore, he should be granted the parcha. It appears that a report was called for by the Anchal Adhikari on this application. Annexure 2 is the copy of the recommendation of the Panchayat Sewak who stated in his report that the petitioner was a landless person and was in possession of the land in question. He, therefore, recommended for grant of the parcha. The report of the Panchayat Sewak was forwarded through the Circle Inspector with a similar recommendation. The Anchal Adhikari then got a sketch map prepared by the Anchal Amin and thereafter with reference to the map, by his order dated 11-1-1978, directed for issue of the parcha. No notice was issued to respondent No. 3 in the matter and the above proceeding was all done ex parte without his knowledge.