BRAJ KISHORE TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present application under Article 226 and 227 of the Constitution of India is directed against the order dated 24.9.1991 passed by the Respondent Sub Divisional Officer, Siwan in Jamabandi Correction Case No. 3/85-86 (Ram Jee Lal and Ors. vs. Baban Tiwary and Ors.) as contained in Annexure-1.

(2.) THE original writ petitioner during the pendency of the application died and on an application filed in this behalf he was substituted by his heirs and legal representatives. For the sake of convenience, the petitioner shall be referred as original writ petitioner. Relevant facts as uncurtained in the writ petition may first be noticed.

(3.) LEARNED counsel made diverse submissions relying on the enclosures/annexures appended to the writ petition as well as the rejoinder in order to submit that after such settlement of the subject land the ex intermediary created Jamabandi in respect of subject land vide Jamabandi Nos. 625,444 and 445 and return in respect thereof was filed by the ex landlord as contained in Annexure-3, 3/A and 3/B respectively . The State Respondent thereafter treated the subject land under those Jamabandis and continued to issue rent receipt(s) against payment of land rent. It is thus the contention that the order contained in Annexure- 1 is fit to be quashed and set aside.