SHYAMLAL SAHU Vs. STATE

JUDGEMENT

(1.) This is an application under Arts.226 and 227 of the Constitution for the issuance of a writ of certiorari quashing Annexures 10 and 11. Annexure 10 is an order dt. 5-9-1982 passed by the Anchal Adhikari, Bhabua in Privileged Persons Homestead Tenancy Act Case No. 1 of 1982-83 granting parcha to respondent No. 4 Bankey Lal Ram in respect of 2 decimals of land in Ward No. 4 of Bhabua Municipality appertaining to Khata No. 221, Plot No. 147/520. An application was filed in that behalf by respondent No. 4 Bankey Lal Ram for grant of parcha under the Bihar Privileged Persons Homestead Tenancy Act (hereinafter referred to as "the Act"). Annex. 11 is the parcha in form G granted to respondent No. 4.

(2.) The short question which has been raised by Mr. Jagdish Pandey is that the relevant provision of the Act does not apply to a Municipal area and, therefore, the order passed by the authorities concerned is illegal and without jurisdiction.

(3.) Bhabua Municipality where the land is situate was established on 15-1-1984 vide Notification No. 147/N of the then Government of Bengal. It is not anybody"s case that the land in question is not within the Municipal area. In fact, it also appears from the impugned order (Annexure 10) that the land is within the Bhabua Municipality in Ward No. 4. The question, therefore, is whether any order could be passed by the respondent Anchal Adhikari in respect of this land under the provisions of this Act.