JAMURTA KUER Vs. DIRECTOR OF CONSOLIDATION BIHAR

JUDGEMENT

(1.) The petitioners have moved this Court for quashing the order of the Director, Consolidation, Bihar, dated 1-11-77, as contained in Annexure 11, and for the restoration of the order of the Deputy Director dated 30-7-76, as contained in Annexure 10, passed under the provisions of the Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act). The dispute relates to the following plots of Tauji No. 14464, village Rampur, within Ramgarh Anchal, in the district of Rohtas: <FRM>JUDGEMENT_92_AIR(PAT)_1981Html1.htm</FRM> The aforesaid lands were Bakasht lands of the Malik, and, on private partition in the year 1931, had been allotted to Hari-har Rai, one of the co-sharer landlords. In the year 1949 the said Harihar Rai settled those lands along with other lands in favour of Hardwar Rai, husband of Jamurta Kuer (petitioner No. 1 since deceased) and father of petitioner Prem Shanker Rai, and put him in possession; and a receipt was granted in proof of the aforesaid settlement. Thus, Hardwar Rai came in possession of the lands and started paying rent to the extand lord. After the vesting of the estate, Harihar Rai filed a return, in which Hardwar Rai was shown as tenant, and this position was accepted by the State Government. The relevant extracts of the return submitted by Harihar Rai have been filed and marked as Annexure 1.

(2.) In January 1965 Bishwanath Ahir (respondent No. 4) and Mosst. Aharfi (respondent No. 9) filed two applications before the Anchal Adhikari for correction of the Jamabandi, which gave rise to Cases Nos. 12 and 13 of 1964-65. In those cases Hardwar Rai filed objections, but the Anchal Adhikari by his order dated 7-7-65 made necessary correction in the Jamabandi. Against that, Hardwar Rai preferred appeals before the Land Reforms Deputy Collector, Bhabua, being Miscellaneous Cases Nos. 20 and 21 of 1965-66 which are still pending after remand by the Additional Collector, Roh-tas. There was a proceeding under Section 145 of the Code of Criminal Procedure between respondents 4 and 9 and others on one side and Hardwar Rai and another on the other with regard to all the disputed lands, except Cadastral Survey Plot No. 47 which was decided in favour of Bishwanath Ahir and others. Against that Hardwar Rai preferred a revision which was dismissed on 8-3-68 vide Annexure F/1.

(3.) Revisional operation started in the village and Hardwar Rai filed Tanajas before the Assistant Settlement Officer, Arrah, against the erroneous recording of the names of respondents 4 to 9, which gave rise to Cases Nos. 2, 3, 4, 5 and 6. Objections regarding Cases Nos. 4, 5 and 6 were also heard and rejected by the Settlement Officer, Arrah Camp at Ramgarh by his order dated 11-4-66, copies whereof have been filed as Annexures 2 to 4. Record-of-rights was finally published on 8-1-70. Copy of the same has been filed as Annexure 5. Thereafter, respondents 4 to 9 filed a suit under Section 106 of the Bihar Tenancy Act with respect to plots 172, 181, 183, 184 and 233 which gave rise to Suit No. 2821 of 1970. There was a notification for consolidation under Section 3 of the Act which was published on 23-6-73, and Chak register was prepared under Section 9 of the Act in which the name of Hardwar Rai was shown as raiyat of the disputed lands. Respondent No. 4 filed an objection under Section 10 (2) before the Consolidation Officer which gave rise to Case No. 3 of 1973-74. The said objection was heard by the Consolidation Officer who, by his order dated 25-11-74, rejected the petition, in view of the pendency of the proceeding under Section 106 of the Bihar Tenancy Act. A copy of the said order has been filed and marked Annexure 15. Thereafter, the Chak Panji was published under Section 12 (1); copy thereof has been filed as an Annexure 6.