NARMEDESHWAR UPADHYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the aforesaid cases are being heard together and they are being disposed of by a common order with the consent of the parties.

(2.) The petitioner claims the lands in dispute on the basis of two registered deeds of gift dated 1.11.1965 executed in his favour by the original owner, namely, Bhago Kuer and Dhaneshwar Kuer. Thereafter, a proceeding under Section 145, Cr PC was initiated in which possession of respondents was decided whereafter Cr. Revision No. 590 of 1968 filed by the petitioner was dismissed by this Court on 20.12.1968. Subsequently, the petitioner filed Title Suit No. 51 of 1969 for declaration of his title over the lands on the basis of the aforesaid gifts and for recovery of possession. The said suit abated under Section 4(c) of the Bihar Consolidation of Holding and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act' for the sake of brevity) and Civil Revision No. 836 of 1974 challenging the same was dismissed by this Court.

(3.) In the meantime, the Consolidation proceeding had started in the area and the Consolidation authorities decided the said proceeding in favour of the respondents as per the decision in the proceeding under Section 145, Cr PC Finally, CWJC No. 710 of 1979 was filed by the petitioner and the said writ petition was allowed on 17.1.1983, quashing the orders of the Consolidation authorities and remanding the matter to the Consolidation Officer to decide it afresh as per the observations made in that order. Thereafter, Consolidation Case No. 1 of 1983 started and the Instructor, Consolidation Training Institute, Patna, passed his order on 11.8.1987 directing the authorities to prepare the records of right in the name of the petitioners Ram Kewal Upadhaya and Mushan Upadhaya and also to record the name of Doodhnath Pandey as Shikmidar.