KAILASH MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) No one appears, in spite of valid service of notice, on behalf of private respondent No. 6.

(2.) The appeal is directed against the order dated 17.1.1995 passed by learned single Judge dismissing the writ application filed by the petitioner challenging the order passed by the Collector in Miscellaneous Revenue Appeal No. 1 of 1992, setting aside the order of settlement of land made in favour of the appellant-petitioner by the Additional Collector by order dated 20.12.1991.

(3.) The dispute in this case relates to land of Plot No. 1543 area 17 dec. and Plot No. 5544 area 24 dec. situate in village Puraini in the district of Madhepura. The said land has been recorded as Gair Mazarua Aam land in the recent Revisional Survey Record of Rights showing the land in unauthorised possession of one Hari Mishra. The appellant, an Army Personnel, applied for settlement of land through proper channel and proposal for settlement was made by the Anchal Adhikari through Sub-Divisional Officer, Uda Kishunganj and thereafter the Additional Collector by ordered dated 21.12.1991 approved the recommendation and ordered for settlement of the said land. Thereafter, the land has been settled and Parwana has been issued in favour of the appellant. The appellant has paid rent and has been granted rent receipts. Respondent No. 6 raised objection before the Additional Collector who did not accept the objection and ordered the settlement. Thereafter, respondent No. 6 filed appeal before the Collector, who by order dated 4.10.1993 set aside the aforesaid order in exercise of powers under Section 2 of the B.T. Act and Section 3 of the Board's Miscellaneous Rules. The learned single Judge has dismissed the writ application on the ground that the land was a raiyati land and not Gair Mazarua Aam land.