SHARDA PRASAD RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have moved this Court for quashing the order of the Deputy Commissioner, Dumka, dated 13-7-1982. as contained in Annexure-10, passed as an appellate Court in a proceeding under Section 4 (g) of the Bihar Land Reforms Act (hereinafter referred to as the Act) setting aside the order of the Deputy Collector, Land Reforms, Sahebganj, dated 17-8-1970, as contained in Annexure-9.

(2.) Before coming to the points which have been raised in this application it will be necessary to refer same material facts. The lands in dispute relate to plot No. 159 situated in Mauza Hajipur Bisbrampur in the district of Samthat Parganas having an area of 387 bighas 16 kathas and 8 dhurs of land. This was recorded as Simoltala Jhil in a private rent settlement of the year 1912 as Gair Mazrua Malik. A copy of the record of rights prepared in the year 1912 has been filed and marked Annexure-8. The lands aforesaid belonged to the Grants Estate whose proprietors generally lived in England and the properties were managed through Manager. Shiv Sagar Rai, ancestor of the petitioners, filed an application in form-A before the Manager for the purpose of settlement of raiyati land sometimes in the year 1919 which was accepted by the landlord and a Kabuliat was executed which was duly registered for agriculture purposes and rent was fixed at the rate of Re. 1.00 and 8 Annas per bigha with specific boundaries. Portions of the Tand were fit for cultivation and some portions were under water and according to the terms and conditions mentioned in the Kabuliat the entire land had to be made fit for cultivation within fifteen years. After rating settlement rabi and kharif crops were grown On the embankments and fish were taken out from the remaining portion which was under water. A photostat copy of the Kabuliat dated 24-3-1919 has been filed and marked Annexure-1. Several rent suits were filed by the ex-landlords in which it was held that the petitioners who were raiyats had acquired the statuts of occupancy raiyat and a judgment of the rent suits have been filed and marked Annexure-2 series. There was rent reduction in the year 1939 under Regulation 1 of 1939 and the rent of the land in question was reduced from Rs. 581/11 annas and 9 paise to Rs. 456/12 annas and 3 paise. Sometimes in the year 1946 there was a proposal for acquiring the land and the Government through the Subdivisional Officer, Sahibganj, wanted to ascertain the status of the petitioners and a letter was sent in this connection on 5-8-1946 to the Manager of the landlords which is Annexure-3 to which a reply was sent on 7-8-1946, Annexure-4, stating therein that the petitioner No. 1 was a permanent tenant in respect of the land in question having acquired full tenancy fights on the lands including the Jalker. In the year 1951 a portion of the land was infested with deep rooted jungles and tractor was obtained from the District Agricultural Officer, Bhagalpur, for clearing the same which would be evident from Annexure-5. After the Act came into force the ex-landlord submitted return showing the petitioners as raiyat of the holding in question

(3.) A proceeding under Section 4 (h) of the Act was initiated which gave rise to Miscellaneous Case No. 14 of 1954-55 which was ultimately dropped by the Revenue Sub-divisional Officer on 13-12-1955 who also ordered for starting a proceeding against the Circle Inspector for submitting a false report Thereafter, there were proceedings under Sections 144 and 107 of the Code of Criminal Procedure which were also decided in favour of the petitioners. After the vesting, the petitioners are paying rent to the State had obtaining receipts. Again in the year 1963 another proceeding under Section 4 (h) of the Act was started which gave rise to Miscellaneous Case No. 1 of 1963-64 and the matter was decided in favour of the petitioners A copy of this order has been filed and marked as Annexure-6. It was also held that the petitioners had acquired the occupancy right over the land. The petitioners were also noticed wider the Bihar Paddy Levy Order which are Exts. H to O The Circle Officer wanted permission from petitioner No. 1 for shooting birds and a copy of the letter has been filed and marked Annexure-6/1, which was refused. This, according to the petitioners, infuriated the Circle Officer. Thereafter, the petitioners partitioned the lands in question which was accepted by the Subdivisional Officer on 20-2-1964 in Case No. 30 of 1962-63 under Section 19 of the Santbal Parganas Tenancy Act. On a false report dated 19-2-1966 submitted by the Anchal Adhikari again another Miscellaneous Case No. 10 of 1965-66 was started for setting aside the settlement of Simaltala Jhil. On 21-2-1966 order was passed by the learned Subdivisional Officer, Sahibganj, for setting aside foe settlement of Simultala Jhil under Section 4 (g) of the Act. Three witnesses were examined on behalf of the State and five on behalf of the petitioners who all supported the raiyati settlement of the petitioners. Petitioner No. 1 was also examined as 3 witness and a copy of his evidence has been filed as Annexure-7 giving the details of the aforesaid settlement and possession over the land. The Land Reforms Deputy Collector, respondent no. 3, after hearing the parties and after going through the materials dropped the proceeding in favour of the petitioners holding that they were raiyats and fead acquired the occupancy right over the lands in question. A copy of the order of respondent No. 3 dated 17-8-1970 has been filed and marked as Annexure-9. Against the aforesaid order the State of Bihar preferred an appeal and the learned Deputy Commissioner, Dumka, by his order dated 13-7-1982, as contained in Annexure 10, has set aside the order and has further directed the petitioners to give up possession. Being aggrieved by the aforesaid order the petitioners have moved this Court under writ jurisdiction.