UMESH CHANDRA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondents not to demolish any part of the house of the petitioner.

(2.) ACCORDING to the petitioner two and half decimals of land appertaining to old plot no. 1735 Khata No. 254, Thana No. 144 situated in Mauza Khagra in the district of Kishanganj was settled with the predeces -sor -in -interest of the petitioner by the ex -landlord on a salami of Rs. 32 and 8 annas. According to the petitioner the land was homestead and the settlement was made for construction of house and in terms of the settlement, petitioners predecessor -in -interest constructed a pucca house. Petitioner has further averred that the settlees i.e. Anup Lal Choudhary name was mutated in the Serishta of Kishanganj Municipality and rent receipts were issued to him on payment of house tax. Petitioners further assertion is that during the recent survey, half of the house and land was recorded in the names of Ram Charitar and Lakhi Prasad. Plot Nos. 662(ka) and (kha) appertaining to Khata No. 182 of Ward No. 6 of Kishanganj Municipality and plot no. 663(ka) and (kha) appertaining to Khata No. 184 Ward No. 6 of the said Municipality were recorded in the name of Ram Charter and Lakhi Prasad respectively. According to the petitioner the jamabandi in the Serishta of the State of Bihar was also bifurcated and jamabandi of Ram Charitar is 235 whereas that of Lakhi Prasad is 17. According to the petitioner, in the similar manner, the names of Lakhi Prasad and Ram Charitar were mutated in the Municipal records and after the death of Lakhi Prasad name of the petitioner was mutated and the present Holding Number of Ram Charitar is 99 and that of the petitioner is 100. According to the petitioner, he has filed this writ application as a Karta and holder of power of attorney of the family.

(3.) AN application has been filed by the National Highway Authority of India for being added as respondent in the writ application inter alia contending that the land in question is in fact part of National Highway No. 31 and it has been entrusted with the work of widening the said highway into a four lane highway under the Golden Quadriateral Project of the Government of India and its interest is involved in this litigation. National Highway Authority of India, hereinafter referred to as the Authority, has interest in the lis and as such its application (LA. No. 5882 of 2002) is allowed and added as respondent no. 6 in the writ application.