MD SAIYAD Vs. STATE OF BIHAR THROUGH COLLECTOR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) Petitioner challenges the order dated 10.5.2011 passed by the respondent no. 2, the Sub-Divisional Officer, Araria, in Case No. 2 of 2011-12, which was an appeal filed against the order passed by the Circle Officer, Jokihat, District-Araria under Section 48D of the Bihar Tenancy Act, where by he has found the petitioner entitled for raiyati rights upon payment of rent as has been prescribed by the State Government.

(3.) The appellate authority has set aside the order after noticing that the verification report vide letter no. 180 dated 17.2.20111 of the Anchal Nirikshak, wherein the report of the Hulka Karamchari stands appended, has been submitted without proper spot verification. It has been questioned as to how the Anchal Nirkishak could have proposed and recommended that after the death of sikkamidar, the right of occupancy could be conferred upon only one of the sikkami raiyat's son. Even if it is assumed that the deceased was having only one son, i.e., the concerned respondent (petitioner herein) even one it had not been disclosed that the sikkami rights were heritable one in the concerned locality. In above view of the mater it has been held that, he cannot be found entitled for grant status of occupancy raiyat.