BHUGANI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties. The petitioner, being aggrieved by the order dated 7.4.2004 (Annexure-2) passed in Appeal Case No. 36 of 2001-02 by the respondent Sub-Divisional Officer, Forbesganj reversing and setting aside the order dated 26.4.1997 (Annexure-1) passed in Case No. 15 of 1997-98 by the respondent Anchal Adhikari, Bhargama in exercise of his powers under Section 48D of the Bihar Tenancy Act, 1885 (in short "the B.T. Act") declaring the petitioner as raiyat over the lands in question, has approached this Court under Article 226 of the Constitution of India assailing the validity and correctness of the impugned appellate order.

(2.) The dispute in the present proceeding is with respect to plots of land bearing Kayami Khata No. 639, corresponding to Sikmi Khata No. 262, appertaining to Plot No. 4173 area 17 decimals and Plot No. 4174 area 15 decimals, total area being 32 decimals, situate at Village-Kusmaul, P.S.-Bhargama, District-Araria (hereinafter referred to as "the lands in dispute" in the present order).

(3.) It is not in dispute that one Saryug Das, the father of the petitioner, was having his possession over the lands in dispute as the Sikmidar. In the recent revisional survey proceeding, aforesaid Saryug Das has been recorded as a Sikmidar with respect to the lands in dispute and, accordingly, survey khatiyan was prepared in his name. So far as the private respondents are concerned, their father Shukal Khatbe is said to have purchased the lands in dispute through a registered sale deed dated 21.12.1983.