SHEO KUMAR PANDEY AND ORS. Vs. THE STATE OF BIHAR THROUGH JOINT SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS, GOVERNMENT OF BIHAR AND ORS.

JUDGEMENT

(1.) HEARD the parties. The dispute in the present proceeding under Articles 226 and 227 of the Constitution of India relates with respect to a parcel of land bearing khata No. 146, khasra No. 2096, area 2 acres, out of total area being 5.29 acres, situate at Mauja Mohanpur, Anchal Rajgir, District Nalanda (Biharsharif).

(2.) ACCORDING to the claims of the petitioners, the lands under dispute were settled in favour of their ancestor by the Ex -landlord through Hukumnama of 1332 Fasli. A photocopy of Hukumnama in question has been brought on record as Annexure -14 to the writ petition. It is further case of the petitioners that they purchased some other parts of the lands under dispute through register deeds of sale as contained in Annexures -16,17 and 18 from the private respondents, who or their ancestors were also settlees from the Ex -landlord.

(3.) IN the present proceeding, the petitioners are aggrieved by the orders/communications dated 27.7.1990 (Annexure -11) issued by the respondent No. 3, letter/communication dated 17.8.1990 (Annexure 11/A) issued under the signature of the respondent Additional collector, Nalanda (Biharsharif) as also letter/communication dated 29.8.1990 (Annexure -12) issued under the signature of the respondent Anchal Adhikari, Rajgir, whereby a proposal has been made to hand over 2 acres of land of aforesaid plot No. 2096 for construction of a Tourist Bungalow. Grievance of the petitioners is that unless and until the lands under dispute are taken to be the lands belonging to the State of Bihar, the impugned orders/communications could not have been issued by the respondent authorities.