NEHAL AHMAD KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE unsuccessful petitioners in CWJC No.5224 of 2010 are the appellants. The writ petition was dismissed by the learned Single Judge on 30.10.2013.

(2.) THE facts, in brief, that gave rise to this proceedings, are as under: The appellants state that plot nos.310, 311, 941, 961, 1130 and 1132 within the Darbhanga Municipal Corporation, were recorded in the names of their ancestors. The Municipal survey was conducted in the year 1991 -92. At one stage, called "Kistwar", the names of the appellants are said to have been recorded in respect of those six plots, referred to above. However, at subsequent stage, namely "Khanapuri", the name of the 7th respondent was entered, not only in respect of those six plots, but also four plots, being 924, 927, 935 and 936.

(3.) CHINNI Khan, Shakil Anwar and Motiur Rahman claimed rights over the four plots and made an application before the Settlement Officer for correction. That was rejected on 21.02.1994. Thereafter, the said three persons filed a review petition before the Collector. That was allowed on 09.08.1996 and the Collector directed that the entries be made in their favour. Aggrieved by that, the 7 th respondent filed CWJC No.9427 of 1996. One of the contentions urged by him was that the District Collector does not have the power to review his own order. The writ petition was allowed on 19.05.1998, and the order passed by the Collector on 09.08.1996 was set aside.