JAGDUTT THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been preferred with the prayer to quash the order dated 5.3.2001 (Annexure-15), passed by the learned Settlement Officer, Bhojpur at Ara, in Kaushal Kumar Thakur v. The State of Bihar, M.P. Case No. 228 of 1999 whereby he has rejected the application filed by the petitioners for survey of villages Shivpur and Nawaranga Chak under the provisions of the Bihar Tenancy Act, 1885 (hereinafter referred to as the '1885 Act').

(2.) It appears from the statements of objects and reasons of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (hereinafter referred to as the 'Central Act'), that the deep stream of river Ganga forms the inter-State boundary between Shahabad District of Bihar and Ballia District of Uttar Pradesh. The river has been changing its course almost every year, as a result of which the inter-State boundary continues to fluctuate, giving rise to difficult administrative problems affecting the areas particularly in the field of revenue administration and law and order. The Chief Ministers of the two States had agreed in 1961, to refer the dispute to an Arbitrator appointed by the Prime Minister, and to abide by the decision given by the Prime Minister on a consideration of the recommendations of the Arbitrator. Shri C.M. Trivedi was appointed as Arbitrator and he submitted his report to the Prime Minister on 28.8.1964, recommending a fixed boundary in river Ganga the decision of the Prime Minister based on the recommendations led to the Central Act providing a permanent solution to the perennial problem.

(3.) Thereafter interested persons including the petitioners have been agitating for survey of the undivided Shahabad District which, according to them, included villages Shivpur and Nawaranga Chak. The writ petition states that the State Government issued notification dated 24.8.1960 (Annexure-8), directing survey of the villages in question under the 1885 Act which has not been implemented so far. The area was instead surveyed under the provisions of the Bengal Survey Act, 1875 (hereinafter referred to as the '1875 Act'), as would appear from the notification dated 9.2.1966 (Annexure-11). The petitioners thereafter filed an application before the learned Settlement Officer, Bhojpur, with the prayer to ensure survey of the area in question which was registered as Kaushal Kumar Thakur v. The State of Bihar, M.P.Case No. 228 of 1999 which has not been allowed by the impugned order, inter alia on the ground that the survey under the 1875 Act has already been done. Hence this writ petition.