RAMOTAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the counsel appearing for the respondents.

(2.) The dispute relates to land of Khata No. 2525 Plot No. 622 measuring 2.1/2 decimal situated in village Dhamdaha. Petitioners have filed this application for quashing the order dated 22.9.1999, passed by the Anchal Adhikari, Dhamdaha in case No. 52 of 1999-2000 under Section 48D of the Bihar Tenancy Act (hereinafter referred to as the Act whereby he has declared the raiyati right of the respondents 4 to 7 over the land in question. The petitioner has also prayed for quashing the order dated 5.6.2000 passed in Appeal No. 6 of 1999 by which the S.D.O. Dhamdaha has dismissed the appeal preferred by the petitioners on the point of limitation only.

(3.) Considering the arguments advanced by the counsels for the petitioners, respondents 4 to 7 as well as the statements made in the writ application, counter affidavit and reply to the counter affidavit, it transpires that both the petitioners and respondents are descendants of common ancestor. The land was recorded as sikmi in the cadestral survey in the name of Bansi Thakur, the grand father of respondent Nos. 4 to 7 and great grand father of petitioners under Mahadeo Thakur who was the raiyat of this land. After the death of Bansi Thakur his sons came in possession of the land and they constructed their houses over the land. Initially the respondent Nos. 4 to 7 filed an application under the provisions of Privileged persons homestead Tenancy Act for issuance of basgit parcha with respect to 5 decimal lands of Khata No. 2525 Plot No. 622. Their claim was rejected by the Circle Officer Dhamdaha. Subsequently on the basis of entry of their grand father's name in the cadestral survey records of rights, they filed an application under Section 48D of the B.T. Act against Mahadeo Thakur who is kaimi raiyat for declaration of their raiyati right with respect to the land. Petitioners are claiming that since their residential houses were over 2-1/2 decimal of this land, out of the total 5 decimal. They got executed a sale deed in their favour from the kaimi raiyat. With respect to 2-1/2 decimal of lands. The transaction with respect to this transfer had started much before the filing of an application by the respondents under Section 48D for declaration of their raiyati right, but the sale deed was executed in their favour subsequent to the passing of the order under Section 48D of the B.T. Act in favour of the respondents.