SHIBLI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner claiming to be an ex-intermediary of village Keko bearing tauzi No. 1362 in the district of Gaya filed this application to challenge the settlement of the mela made by the respondents 1 to 5 with respondent No. 6. The name of the mela is 'Ghazi Mian Ka Mela'. The petitioner's case is that since he was an ex-intermediary, he had a preferential right for the settlement of the mela if he accepted the terms offered by the authorities. Terms offered by the authorities were accepted in the past and for the year 1972-73 the settlement was made with the Mukhiya of the Gram Panchayat ignoring the claim of the petitioner.

(2.) It is not necessary to go to the other facts of the case in any detail because this writ application is going to fail on one ground only. In paragraph 3 of the counter-affidavit filed on behalf of the State, it is said that Sections 7-A, 7-B and 7-C of the Bihar Land Reforms Act, 1950 (hereinafter called 'the Act') refer only to hats, bazar and melas which were held by the ex-intermediaries on lands deemed to be settled with them under Section 5, 6 or 7 of the Act. If, therefore, any hat, bazar or mela is held on lands in respect of which the ex-intermediary will not be deemed to be an occupancy raiyat under any of the three sections aforesaid, the provisions contained in Section 7-C will not apply. The statement of fact in paragraph 3 of the counter-affidavit is-

(3.) An affidavit in reply has been filed by the petitioner today. The statements in paragraph 3 of the counter-affidavit are replied in paragraph 5 of the affidavit in reply and the said reply runs as follows:---