SATYA NARAIN SINGH Vs. KAMAKSHYA NARAIN SINGH

JUDGEMENT

(1.) The petitioner Thakur Satya Narain Singh and others have come up in revision before this court under the circumstances enumerated below.

(2.) Some waste land in village Gauria Karma was acquired for the purposes of Damodar Valley Corporation under the Land Acquisition Case No. 2/5 of 1950-51. Raja Bahadur Kamakashya Narain Singh of Ramgarh had created a Duwami lease of this village in favour of Mahtha Gouri Charan Singh. The said Raja Bahadur has also dedicated this village for some religious purposes and assigned the management of the trust properties to a board of trustees of which he himself is the chairman and his wife and his minor son are two other members. The present petitioners, Thakur Satya Narain Singh and other members of his family, claimed to be the raiyats of some of the acquired lands on the basis of a settlement from Mahtha Gouri Charan Singh with the consent of the Raja Bahadur aforesaid. There arose a dispute before the Land Acquisition Officer regarding the apportionment of the compensation between the present petitioners, Mahtha Gouri Charan Singh and the present opposite party. According to the contention of the Raja Bahadur, the settlement in favour of the petitioners was collusive and fraudulent and had not been obtained with his consent. It was also contended on. his behalf that the lessee Mahtha Gouri Charan Singh had forfeited the lease. The Land Acquisition Officer by his order date 14-8-1951, upheld the contention of the present petitioners and further held that the settlement with them was a genuine one and hsd been made with the consent of the Raja Bahadur. On 4-4-1952, the Raja Bahadur filed an application before the Special Land Acquisition Officer in Land Acquisition Case No. 2/50 to the effect that the compensation money may not be paid to any of the claimants as he intended to file an application for referring the case to a civil court as soon as the award was prepared and signed. This application was ordered to be put upon the date fixed. On 28-4-1952, the award was prepared and signed, and notices were ordered to be issued under Section 12 (2), Land Acquisition Act fixing 28-5-1952, as the date for payment. It was further ordered that payment of compensation money to Thakur Satya Narain Singh would be held up until the date for filing reference expires. From the records of the land acquisition case it appears that from 16-6-1952, onwards payments were made from time to time to various claimants including the present petitioners. On 27-6-1952, an application was filed on behalf of the opposite party for referring the matter in dispute to the District Judge in accordance with the provisions of Section 18, Land Acquisition Act which was allowed and the matter is at present pending in the court of the District Judge, Hazaribagh, in Reference Case No. 16 of 1952.

(3.) On 28-6-1952, an application was filed OK behalf of the opposite party Nos. 1 to 3 before the District Judge, Hazaribagh, for issue of a direction, to the Land Acquisition Officer to get the compensation money refunded from the petitioners and, to deposit the same in court in accordance with the provisions of Section 31(2), Land Acquisition Act before hearing the reference itself. The present petitioners opposed the above application on various grounds, but the learned District Judge has, by his order dated 8-11-1954, allowed the application of the opposite party Nos. 1 to 3. The petitioners have moved this court in revision against this order of the learned District Judge.