UGRATARA DEBI Vs. DEPUTY COLLECTOR LAND REFORMS

JUDGEMENT

(1.) THE petitioner has filed this writ application under Articles 226 and 227 of the Constitution of India, praying, that, the order passed on the 30th March. 1972 by the Deputy Commissioner, Ranchi, be quashed. with respect to plot N.o. 3026.

(2.) THE relevant, fasts ace as follows. On the opinion of the Government pleader Ranchi. to the effect, that Sasai Bazar, held over plot No. 3025 of Khata No. 114, and plot No. 3026 of Khata No. 117 had vested in the State of Bihar under the Bihar Land Reforms Act, notices under Section 4 (s) of the Act were issued to the parlies concerned to deliver possession of the said plots of land and a miscellaneous case was started, numbered ag Miscellaneous Case no. 16 of 1963-64 in the Court of the Deputy Collector incharse of Land Reforms, Gumla. THE notices were challenged bv the parties concerned and plot No. 3025 was claimed by Sri U. N. Mishra as having been settled with him in raivati Settlement in the year 1995 Sambat. So far as plot No. 3026 was concerned. Sri Brii Kishore Ram claimed the land as his raiyati land. Plot No. 3025 had been recorded in the record-of-right as Ghairmazrua Malik-Bazar Tanr and Parti Kadim. Plot No. 3026 had been recorded in the record-of-right as Ghairmazrua Majhi and Malikparti Kadim, Before the Deputy Collector Incharge of Land Reforms, the claimant of plot No- 3025 had produced a sada Hukumnama dated the 1st Mash. Sambat 1995, and some rent receipts. It may be mentioned, that a few counterfoils of rent receipts had also been produced, on notice to the ex-landlord, On the materials that the Deputy Collector had before him, specially on a perusal of the Hukumnama he came to the conclusion, that the claimant of plot No, 3025 had obtained a raivati settlement in 1995 Sambat as was his case. With respect to plot No. 3026, the Deputy Collector stated, that Brii Kishore Ram had claimed that rent of this plot of land had been fixed in his name under Section 6 of the Bihar Land Reforms Act and therefore, the State cannot take possession of this land under Section 4 (g), unless the rent fixed is cancelled in revision or appeal by a competent Court In the result, the entire proceeding with respect to both the plots of land in question was dropped. THEreupon, the State of Bihar appealed to the Court of appeal, which appeal has succeeded by the impugned order, dated the 30th March 1972. Allowing the appeal filed by the State of Bihar the learned Deputy Commissioner, Ranchi, directed the claimants, of Plots Nos. 3025 and 3026 to give up possession Of the lands in question.