JANARDAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case, the petitioners are challenging the general notice dtd. 25/1/2019 (Annexure-9) by which the Circle Officer, Sugauli, District-East Champaran, has directed for auction of settlement of a pond appertaining to thana no.14, khata no. 87, khesra no. 85, total area of 142 decimals situated on a Gair Mazarua Malik land, on 3/2/2019 at 11:00 A.M. in his chambers/office but, the same was deferred to 8/2/2019 due to engagement of the Circle Officer, Sugauli, in the Parliamentary Election 2019.

(2.) The case of the petitioners is that the ex-land lord Mahant Ramavatar Nath was the owner of tauzi no.783, khata no.87, plot no.85, Gair Mazarua Malik land having an area of 1.42 acres, who settled the aforesaid land in favour of one Onkar Nath Giri and accordingly a patta was granted to the setlee. The settlement includes R.S. Plot nos. 84 and 85 of Khata no.87. After vesting of Jamindari in the year 1955, return was filed and Jamabandi was created in the Sirista of the State of Bihar in favour of Onkar Nath Giri. There was a ditch over the plot no.85 and after the settlement of land in favour of Onkar Nath Giri, he cleared the ditch and used to rear the fish in the same.

(3.) It is also the case of the petitioners that on 9/2/1988 said Onkar Nath Giri sold the land appertaining to khata no. 87, plot no. 85, area 1.42 acres by four registered sale deeds in name of petitioners and their ancestors. After which, their names were also mutated and Jamabandi were created in their names. Since purchasers are from one family, some of the villagers instigated the Circle Officer, Sugauli, on wrong facts and accordingly the Circle Officer, Sugauli informed the Sub-Divisional Officer, Sadar, Motihari, who initiated the proceeding under Sec. 144 of Criminal Procedure Code over the plot no.85 and thereafter the said proceeding was converted in proceeding under Sec. 145 of Criminal Proceeding Code and ultimately the land was attached under Sec. 146 of Criminal Procedure Code on 11/4/1989.