MAUZI MURIYARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Narayan Singh, learned senior counsel in support of the writ petition and learned counsel for the State. Private-respondents are not present even though they have been noticed.

(2.) By this writ petition, the petitioner challenges the order dated 07.10.1994 passed by the Sub-divisional Officer, Forbesganj, District-Araria whereby he has set aside the order of the Anchal Adhikari, Bhargama by which the Anchal Adhikari passed order in terms of Section-48 of the Bihar Tenancy Act, 1885 (hereinafter in short B.T. Act), declaring the petitioner a occupancy raiyat.

(3.) The case of the petitioner is that they were in occupation of 3.15 acres of land as Sikmidar which finds mention in revisional survey khatiyan since 1952. In 1992, they filed an application in terms of Section-48 D of the B.T. Act for being declared as occupancy raiyat which was allowed by the Anchal Adhikari and has been set aside by the Sub-divisional Officer in appeal filed by the private-respondents.