LAWS(PAT)-2011-4-451

NARAIN ROY SON OF CHIMA MAHTO Vs. STATE OF BIHAR; COLLECTOR, LAND REFORM DEPUTY COLLECTOR, CIRCLE OFFICER

Decided On April 29, 2011
NARAIN ROY SON OF CHIMA MAHTO Appellant
V/S
STATE OF BIHAR; COLLECTOR, LAND REFORM DEPUTY COLLECTOR, CIRCLE OFFICER Respondents

JUDGEMENT

(1.) Learned Advocate Mr. Ambar Nath Banerji has appeared before me. He has submitted that the Petitioner has collected the papers from him. He, therefore, does not represent the Petitioner.Learned Advocate Mr. J.S. Arora has appeared for the Respondent.

(2.) This petition under Articles 226 and 227 of the Constitution is filed by one Narain Roy, resident of Village - Jafar Nagar, District - Munger. The matter at dispute is the settlement of land of Plot No. 889, Khesara No. 764/621 admeasuring 22 decimals of Village - Jafar Nagar, settled in favour of the Petitioner. The order of settlement is not brought on the record.

(3.) It appears that by order dated 24th November 1992 made in Misc. Case No. 1/92-93 by the Deputy Collector Land Reforms after hearing the parties, the Circle Officer, the Sub Divisional Officer, the Block Development Officer, the Circle Inspector, the Mukhiya and the villagers, settlement of the aforesaid land made in favour of the Petitioner was cancelled. The District Collector recorded a finding that the disputed land was the village pond and was being used by the residents of the village. In the opinion of the Dy. Collector, the said land ought not to have been settled in favour of the Petitioner. He, therefore, directed to cancel the settlement made in favour of the Petitioner.