MOHAMMAD HASAN KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THROUGH this writ petition petitioners seek various reliefs such as setting aside of order dated

(3.) ON behalf of respondents no. 4 and 5 it has been submitted that settlement of 80 decimals was made with them after full enquiry and verification vide order dated 30.3.1998 (part of Annexure -6). It has further been submitted that a perusal of Annexure -2 would show that order dated 9.4.1973 is in two parts, the first part contains list of Khesras (plot numbers) which for reasons mentioned in that order, were not confirmed under section 11(4) of the Act. In this first part Khesra no. 345 is specifically mentioned. Thereafter, in the second part further Khesras (plot numbers) are mentioned which were confirmed under section 11 (4) of the Act. Allegedly in the second part Khesra no. 34 is a typographical error for Khesra no. 345 but it is not the case of authorities that there was any typographical error in the first part of the order also where Khesra no. 345 is clearly mentioned among the plots which were not confirmed under the Act. Hence, it has been submitted that there is actually no confirmation of gift under the Act so far as Khesra no. 345 is concerned and therefore, this land never vested in the Bhoodan Yagna Committee and, therefore, it was available to the State of Bihar for settlement in accordance with its policy. It was further submitted on behalf of private respondents that even the alleged typographical correction has been ordered on 6.10.1998 i.e. much after the issuance of alleged Parcha in favour of the petitioners and also after 80 decimals of plot no. 345 had been settled with these respondents.