AMBIKA KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant application, the petitioner seeks quashing of the order dated 20.07.2010, passed by Survey Superintendent in Survey Appeal No. 2221 of 2010 under Section 15 (1) of the Bihar and Orissa Municipal Survey Act, 1972.

(2.) The case of the petitioner is that the land in dispute is recorded as Giar Mazarua Malik land in the Cadastral Survey Records of Rights of the then Ex -landlord Smt. Rani Bhuvneshwari Kuer @ Bachha Sahib of Tekari Raj. She settled 26 decimals of land of plot no. 105, 56 decimals of land of plot no. 135 and 52 decimals of land of plot no. 552 of Khata no. 144 through Hukumnama in favour of Sita Sao son of Sewak Ram on 17.12.1942. Thereafter Sita Sao came in peaceful possession of the same, as an absolute owner. He got his name mutated in the Jamindari Srista and paid Jamindari tax and got tax receipts. At the time of vesting of Jamindari, said Sita Sao also filed a compensation case bearing Compensation Case No. 01 of 53 - 54, in which he was awarded compensation. Sita Sao died leaving his only one son, namely, Laxman Prasad and this petitioner is sole legal heir and successor.

(3.) The grievance of the petitioner is that in Revisional Survey Record, the land has wrongly been prepared as Anabad Serv Sadharan with illegal possession of Jalil Mian, son of Md. Alijan. The petitioner filed objection under Section 9 of the Bihar and Orissa Municipal Survey Act before the Survey Superintendent, Gaya giving rise to Objection Case No. 1731 of 2003, who allowed his objection case on 11.11.2004 setting aside the entry "Anabad Serv Sadharan" in the record of right as well as entry with respect to illegal possession of Jalil Mian, son of Md. Alijan. On 11.02.2010, almost after six years, Md. Jalil Mian filed an appeal before the Survey Superintendent under Section 15 (1) of the Bihar and Orissa Municipal Survey Act with a petition under Section 5 of the Limitation Act giving rise to Appeal No. 221 of 2010. The petitioner was issued notice. The petitioner appeared and contested the appeal and filed Hukumnama, Zamindari receipts, Jamindari returns and the order passed in Objection Case No. 1731 of 2003.