RATAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed this writ application praying that an order incorporated in annexure "2" dated the 3rd June, 1970, passed by the Sub-Divisional Officer of Jamtara, may be quashed. By this order, the Sub-Divisional Officer has held that the writ petitioner, Ratan Sab, was in occupation of lands of Jote No. 23 of village Kharim in an unauthorised manner, and, as such, he should be evicted therefrom. According to the writ petitioner, the daughter of the recorded tenant, Bishun Singh, had given the lands appertaining to Jote No. 23 to the petitioner by kurfa settlement in the year 1343 B.S. and the petitioner was in possession since then. Accordingly, it is urged that the order of eviction is illegal.

(2.) THE difficulty in the way of the Writ petitioner in this proceeding is that, according to the conclusion of the Sub-Divisional Officer, the story of kurfa settlement was not believable. According to the Sub-Divisional Officer, this case had been made up to give a legal shape to the unauthorised occupation of the lands of Bishun Singh's daughter. Learned counsel for the petitioner has urged that the Sub-Divisional Officer be called upon to go into the question of the petitioner's possession since 1343 B.S., before an order of eviction can be passed against him. But, in this summary proceeding, we do not want to interfere, on the finding of the Sub-Divisional Officer mentioned above. If the petitioner wishes to remain in possession on his title, he can obtain relief in some other appropriate proceeding, where evidence can be gone into thoroughly for the establishment of the title claimed by the petitioner. We do not think that this is a fit case in which we should direct the Sub-Divisional Officer to go into the question of possession and the legality of the transfer elaboratly, in order to find out whether the writ petitioner has been able to establish his title or not. In such circumstances, the writ case must fail, and it is dismissed, but without costs.