UMA DEVI SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE writ petition has been tiled for quashing the notice dated 27.8.1996, An -nexure -8, issued by respondent no.3, the order dated 31.8.1996 passed by respondent po.3 in Land Encroachment Case No. 07/96 -97 directing to remove the encroachment, Annexure -9, and also order dated 23.8.1999 passed by respondent no.2 in Land Encroachment Appeal No. 73/96 -97, Annexure -10.

(2.) THE land in dispute is Revisional survey plot no. 198, khata no. 173, area 18 decimals situated at village Tahwalnagar, P. S. Shahkund, district Bhagalpur. The aforesaid disputed land was carved out from Cadestral survey plot no. 55, khata no. 69, area 81 decimals. The said land was recorded in the Cadestral survey as gairmajarua malik land. The exlandlord of the land in dispute was Kumar Kalanand Singh of Banaili estate. The cadestral survey plot no.55 along with other land area 2 bigha 6 katha 18 dhoor was settled in the name of Thakur Prasad Sinha by the ex -landlord of Banaili estate. Ex -landlord granted receipt in the name of Thakur Prasad Sinha evidencing settlement in his favour. The landlord sumbitted return with respect to cadestral survey plot no. 55 in the name of Thakur Prasad Sinha at the time of vesting of zamindari, Annexure -2. After vesting of zamindari, jamabandi was created in the name of Thakur Prasad Sinha, the settlee. He also paid rent under receipt to the Government. The portion of cadestral survey plot no. 55 was acquired by the State Government for the purpose of construction of P. W.D. Dak -Bunglow and compensation was paid to Thankur Prasad Sinha the settlee. After death of Thakur Prasad Sinha, his heirs sold 30 decimals of land to Shailendra Kumar Sinha, the husband of the petitioner by registered sale -deed dated 23.1.1961, Annexure -3, and put the purchaser in possession. The name of husband of the petitioner was mutated vide order in Mutation case no. 49/69 -70 and a separate jamabandi was created in his name. He paid rent under receipt to the Government.

(3.) A land ceiling proceeding bearing no. 1104/1976 was initiated in the name of Ram Charitra Mandal, the father of husband of the petitioner, in which disputed land was included and final publication under section 11(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, hereinafter to be referred as the Act, was published in the district gazette dated 16th October, 1990 in which land in question was included as land of the petitioner, An -nexure -7. ,