BHUNESHWARPANDITMAHADEVMANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) -All these three writ applications involving common question of fact and law were taken up for hearing together and are disposed of by this common judgment.

(2.) The petitioners in these writ applications questioned a notification dated 29th December, 1952 issued under Section 29 of the Indian Forest Act, which is contained in Annexure 1 to all the writ applications inter-alia on the ground that the lands in question had been recorded as Gairmazarua Am Land and were in the nature of 'raiyati' and thus the same could not have been a subject matter thereof,

(3.) The petitioners have contended that the said lands belonged to one Thakur Man Mohan Deo who was the landlord of the Rohani Ghatwali Estate and it, therefore, did not vest in the State of Bihar. In the year 1952, it was further submitted that the lands in question were neither forest lands nor waste land thus the notification dated 29th December, 1952 could not have been issued by the State in exercise of its power conferred upon it under Section 29 of the Indian Forest Act,