MOST. SUNDARI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Re.: Interlocutory Application No. 5870 of 2011

(2.) The petitioners have filed the present writ petition under Art. 226 of the Constitution of India seeking a direction to the respondent nos. 1 to 4 to protect their interest with respect to the lands bearing khata no. 314, khesra no.1145 total area 24 decimals situate at Mauza-Sonbarsha, P.S.-Nawanagar, District-Buxar (hereinafter to be referred to as the 'lands in question'), which were allotted to them by virtue of Basgit Parcha dated 20.03.1984 (Annexure-1) by the respondent Anchal Adhikari, Nawanagar. The petitioners have also prayed that the respondent nos. 5 to 7 be restrained from interfering with the possession of the petitioners over the lands in question.

(3.) It is submitted by the learned senior counsel appearing on behalf of the petitioners that in view of the petition filed on behalf of the petitioners under the provisions of The Bihar Privileged Persons Homestead Tenancy Act, 1947 (in short 'Act 1947') read with the provisions of The Bihar Privileged Persons Homestead Tenancy Rules, 1948 (in short 'Rules 1948), Basgit Parcha Case No. 3/1983-84 was started and finally they were allotted the lands in question by the order dated 20.03.1984 passed by the Anchal Adhikari, Nawanagar and accordingly, the Basgit Parcha was issued in their favour. A copy of the aforesaid Basgit Parcha has been brought on record as Annexure-1 to the writ petition. It is further submitted that the Basgit Parcha issued in favour of the petitioners were subsequently modified by the order passed by the respondent District Collector, Buxar and the aforesaid modified Basgit Parchas have been brought on record as Annexure-4 series.