REYASAT ALI KHAN Vs. BHAGALPUR MUNICIPALITY

JUDGEMENT

(1.) This writ application has been filed by the petitioners for quashing the order dated 17/26.12.1980 passed by the Settlement Officer, Bhagalpur (respondent No. 3) in Appeal Case No. 575 of 1979 directing respondent No. 2 to record the name of 'Anabad Sarvasadharan' in regard to Order 0.24 hectare of land of Municipal Khasra No. 1647/2693 appertaining to Municipal Survey Khata No. 1943 of Bhagalpur under the provisions of the Bihar and Orissa Municipal Survey Act, 1920 (hereinafter referred to as the Act.)

(2.) The relevant facts are short.

(3.) Hashmat Ali Khan and Basharat Ali Khan (respondent No. 4) filed an objection before the Assistant Superintendent of Municipal Survey, Camp Bhagalpur (respondent No. 2) impleading the petitioners as opposite party, in regard to one bigha of land of Khasra No. 2693 appertaining to Khata No. 1943. In support of their objection, they relied upon a registered deed of Buzidawa dated 27.2.1979 executed by Hassan Ali in favour of respondent No. 4 in regard to four kathas of land bearing holding No. 66 which was earlier numbered as holding No. 63 in the Municipal registers. Earlier holding number for the same was 39 which stood recorded as house and parti in the name of Ismat Ali Khan. It was also claimed that the disputed plot is part of their plot No. 1645. They further asserted to the effect that the writ petitioners had no document in connection with the land in question.