BALBHADRADIXIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Thii application it directed against the order dated 13-12-1983, passed by the respondent No. 5 as contained in Annexure-3 to ~~ the writ application, an order dated 9-2-1983, passed by reipondent No. 4, as contained in Annexure-3/A thereof and an order dated 3-8-1983, passed by the respondent No. 3 as contained in Annexure-3/B to the writ application,

(2.) The fact of the matter lies in a very narrow compass. Plot No. 71/3 (16 decimals), plot No. 831/8, measuring 10 decimals, plot No. 832 measuing 67 decimals, appertaining to Khata No. 259 of village Mahuawan in the district of Gopalganj, were recorded as Gairmajrua land in the revisional survey Khatiyan. The said lands were allegedly donated to Achtrya Binoba Bbave and consequently the aforesaid lands legally wested to Bhoodan Committee. The petitioner was granted Dan Patra in respect of 16 decimials of land each out of plot No. 71/3 as also plot No. 831/8 76 decimals of land plot No. 832, total area being 1 acre 52 decimals of land. According to the petitioner the land Reforms Deputy Collector by his order dated 5-9-1991 in Bhudan Case No. 126/71 confirmed the aforementioned possession. The petitioner has contended that the Land Reforms Deputy Collector was under an obligation to divide the said land and assess rent in respect thereof for which the petitioner filed an application on 1-12.1978. In the said application the respondent No. 2 appeared and filed a petition alleging Inter alia therein that there had been a proceeding under Section 145, Cr. P. C. between the petitioner and the Secretary of the Committee and in the said proceeding the possession of respondent No. 2 has been found in respect of some of the plots.

(3.) The petitioner has contended that plot No. 71 was not the subject matter of the aforementioned proceedings. By reason of the impugnedorder dated 13-12-1982, (Annexure-3 to the writ application) the respondent No. 5 in view of the aforementioned decision under Section 145, Cr. P.C. refused to pass any order in favour of the petitioner holding inter alia therein that the disputes between the parties had finally been resolved in the aforementioned proceedings. The petitioner preferred an appeal against the said order and the respondent No. 4 by an order dated 9-2-1983 as contained in Annexure-3/A to the writ application dismissed the said appeal. The petitioner thereafter filed a revision application before the respondent No. 3 and by reason of an order dated 3-8-1983 (Aonexure-3/B) the said revision application was also dismissed and it was held therein that the application filed by the petitioner was not within the purview of the Bihar Bhoodan Yagna Committee Act, 1954 (hereinafter referred to as the Act) and as such the revision petition was not maintainable.