BISHWANATH JHUNJHUNWALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all the above writ applications, the petitioners have sought for issuance of a writ in the nature of certiorari quashing entire orders passed subsequent to order dtd. 7/1/1999 at Annexure-3 in different Bataidari cases.

(2.) A brief fact of this case is that father of the petitioners, namely, Late Ishwari Prasad Jhunjhunwala was admitted "Proprietor" as defined in Sec. 3(2)of the Bihar Tenancy Act, 1885. He was owner with possession in respect of lands in Mauja-Rampur Tola, Ammaghaud, PS.-Shikarpur, District-West Champaran fully detailed in para-4 of the writ petitions. The private respondent No.4, in different writ petitions referred above, brought separate Bataidari cases under Sec. 48-D of the Bihar Tenancy Act, claiming to be Sikmidar (Bataidar) in respect of different plots or its portions which are detailed in para-4 of the writ applications. Respondent No.4 of CWJC No.6485 of 2000 had filed Bataidari Case No.89 of 1998-99, respondent No.4 of CWJC No.6486 of 2000 had filed Bataidari Case No.85 of 1998-99,respondent No.4 of CWJC No.6490 of 2000 had filed Bataidari Case No.90 of 1998-99, respondent No.4 of CWJC No.6492 of 2000 had filed Bataidari Case No.80 of 1998-99, respondent No.4 of CWJC No.6493 of 2000 had filed Bataidari Case No.83 of 1998-99, respondent No.4 of CWJC No.6503 of 2000 had filed Bataidari Case No.87 of 1998-99, respondent No.4 of CWJC No.6511 of 2000 had filed Bataidari Case No.84 of 1998-99, respondent No.4 of CWJC No.6512 of 2000 had filed Bataidari Case No.82 of 1998-99, respondent No.4 of CWJC No.6534 of 2000 had filed Bataidari Case No.86 of 1998-99.

(3.) Besides the aforesaid, one Seikh Imam Hassan had filed Bataidari Case No.81 of 1998-99, Seikh Saiful Hasan had filed Bataidari Case No.88 of 1998-99, Seikh Anwar had filed Bataidari Case No.91 of 1998-99, Seikh Arman had filed Bataidari Case No.92 of 1998-99 and Seikh Wasi Ahmad had filed Bataidari Case No.93 of 1998-99. Total 14 Bataidari cases were filed claiming Bataidari right on the property of the petitioners mentioned in para-4 of the writ applications. All the Bataidari cases were heard by the Sub Divisional Magistrate, Narkatiaganj, "Collector" under Sec. 3(16) of the Bihar Tenancy Act and the Collector passed operative order in Bataidari Case No.88 of 1998-99 Saiful Hasan Vs. IshwhariPrasad Jhunjhimwala whereby all the Bataidari cases were dismissed. A copy of the order is at Annexure-2. It would be relevant to reproduce English translation of the said order.