ABHAY CHAND BOTHARA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Anil Kumar Mukund for the petitioner, and Mr. Sanjay Singh, learned Standing Counsel No. IX for the respondents. This writ petition has been preferred with the prayer to issue a writ of mandamus to Anchal Adhikari, Chhatapur, to issue rent-receipts to the petitioner with respect to the land bearing Khesra No. 324 (old)/ 619 (new), appertaining to Khata No. 341 (old), measuring a total area of 48 decimals.

(2.) This litigation has a chequered history. It relates back to proceedings under Section 4(h) of the Bihar Land Reforms Act, 1950 (hereinafter referred to as the 'Act') with respect to certain areas of lands including the aforesaid land which constituted Harawat Estate in the district of Supaul. There were proceedings under Section 4(h) of the Act regarding the alleged malafide transfer of lands of plot Nos. 326, 322, 324, 325, 318, 329, and 148, of Khata No. 341, of Mauza Chhatapur, by the Harawat Estate in favour of Manick Chand Bothra, father of the present petitioner. There were altogether 15 proceedings which were registered as Misc. Case Nos. 10-24 of 1961 -62 (State of Bihar v. Nirmal Chand Bothra and Ors.). By his order dated 21.9.1962 (Annexure-A to the counter affidavit), passed in the said proceeding, the learned Additional Collector, Saharsa, found that the aforesaid transfers were bogus, were intended to defeat the provisions of the Act, were hit by the provisions of Section 4(h) of the Act, were bad in law and had, therefore, vested in the State of Bihar. The same was affirmed in appeal by the learned Commissioner of the division, and was ultimately confirmed by the State Government. The transferees preferred CWJC No. 1392 of 1977 (Labendra Chand Bothra and Ors. v. The State of Bihar and Ors.), and the analogous CWJC No. 2292 of 1977 (Nirmal Chand Bothra and Ors. v. The State of Bihar and Ors., which were allowed by a Division Bench of this Court by a common judgment dated 20.1.1983 (Annexure-B to the counter affidavit), whereby the said order of the learned Collector, the appellate order of the learned Commissioner, and the final order of confirmation of the State Government were set aside. Aggrieved by this order, the State of Bihar preferred Civil Appeal No. 1535 of 1987 (State of Bihar v. Labendra Chand Bothra and Ors.) and the anologous Civil Appeal No. 4011 of 1994 (State of Bihar and Ors. v. Nirmal Chand Bothra and Ors.), which were allowed by judgment dated 11.7.1994 (Annexure-C to the counter affidavit), whereby the judgment of the High Court was set aside and the orders of the authorities under the Act, were restored, The judgment of the Supreme Court is reported in 1995 (2) PLJR 21 (SC) (State of Bihar and other v. Labendra Chand Bothra and Ors.).

(3.) During the pendency of the proceedings before the Supreme Court, Jamabandi with respect to the land in question was created in favour of the petitioner by order dated 20.11.1991 (Annexure-1), passed by the Land Reforms Deputy Collector-cum-Sub- Divisional Officer, Birpur, in Rent Fixation Case No. 28/5 of 1991-92. Thereafter the petitioner preferred the present writ petition with the prayer that the Anchal Adhikari, Chhatapur, may be directed to issue rent-receipts with respect to the land in question for which rent has already been fixed. This writ petition was earlier disposed of by a learned Single Judge of this Court by order dated 15.2.1995, whereby the Anchal Adhikari was directed to issue rent receipts. The review petition and the Letters Patent Appeal at the instance of the State of Bihar in this Court were dismissed.