ANSARALL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is directed against the order dated 28.4.1988 passed by the Additional Deputy Commissioner, Sahebganj in Revenue Misc. Revision No. 23 of 1987-88 as contained in Annexure 12 to the writ application as also the order dated 29-5-1989 passed by the Commissioner, Santhal Pargana in Revenue Misc. Case No. 24 of 1988-89 as contained in Annexure 13 thereof.

(2.) The fact of the matter lies in a narrow compass.

(3.) The lands in question involved in this writ application are plot numbers 1445 which is a lank and measuring 16 bigha, 3 kathas and 13 dhurs and plot No. 1445/1789 which has been recorded as puratan path measuring 3 bigha 5 kathas and 9 dhurs; thus in total measuring 14 bighas 19 kathas 12 dhurs. The petitioners contend that their predecessor in interest were Zamabandi Raiyats of Mauza Chanchi, Sitesh Nagar. According to the petitioners, Rani Jyotirmay Devi who was one of the landlords granted settlement to one Nand Lal Ghosh in respect of plot No. 1445. One Binayandra Chandra Pandey and Amrendra Chandra Pandey purchased Lakhraj plot No. 1445. It is also stated that the aforementioned Binayan-chandra Pandey and Amrendra Chandra Pandey took settlement of plot Nos. 1445/1789, the ridge or 'Bhind' of 'tank' of plot No. 1445 from Rani Jyotirmayee Devi. The said lands ultimately, devolved upon Prasunendra Chandra Pandey, son of Binayandra Chandra Pandey as allegedly Amrendra Chandra Pandey died issueless. The petitioners purchased the lands in question by reason of a deed of sale dated 22-2-1974 as contained in Annexure 1 to the writ application.