ABDULRAHIMKHAN Vs. ADDITIONAL COLLECTOR SAHARSA

JUDGEMENT

(1.) This writ application is directed against the order dated 29-7-1983 of the Additional Collector of Saharsa (respondent No. 1) passed in Land Restoration Appeal No. 58/79-80/14 of 1983-84 contained in annexures-6, whereby and whereunder he allowed the appeal filed by respondent No. 3 against the order dated 19-1-1980 passed by the Land Restoration Offieer, Birpur in Suppl. Land Restoration No. 12/64-65/36/65-66 under the provisions of the Kosi Area (Restoration of Lands to Raiyats) Act, 1951 (hereinafter referred to as the 'Act') restoring the lands in question in favour of the petitioner.

(2.) In short the relevant facts are, that plot Nos. 2809, 2860 and 2898, the total area of which is 3 bighas 9 kathas and 4 dhurs in village Raghopur in the district of Saharsa recorded in the name of one Rabi Harijan was auctioned in execution proceeding of a rent suit on 10-4-1939. The father of respondent No. 3 late Tofani Yadav was the auction-purchaser in respect of plot Nos. 2860 and 2809 comprising an area 2 bighas 7 dhurs, Jhabar Yadav in respect of plot No. 2862 comprising an area 11 kathas 16 dhurs and Binda Nand Jha and Sadanand Jha in respect of plot No. 2898 comprising an area 17 kathas 10 dhurs. In the year 1954 father of the petitioner Lal Mohammad claiming that he was the real owner and Rabi Harijan was a mere name lender (Benamidar) filed case No. 207/1953-54 under Section 3 of the Act for restoration of the above-mentioned four plots impleading Toofani Yadav, Bindanand Jha and Sadanand Jha as opposite parties in the said proceeding. The said petition for restoration was rejected by the Land Restoration Officer, Supaul on 27-2-1963. The father of the petitioner, preferred an appeal against the said order, in which the said order was set aside and the case was remitted back to the Land Restoration Officer for fresh consideration.

(3.) Later, Lal Mohammad died and in his place the petitioner was substituted by an order dated 25-3-1965 by the Land Restoration Officer in the Land Restoration case. It appears that on remand the case was registered as Case No. 12 of 1964-65/36 of 1965-66. The said case was contested by Toofani Yadav, father of respondent No. 3 and others and after having chequered history was finally heard by the Land Restoration Officer, Birpur (respondent No. 2), who allowed the case vide order dated 25-9-1965 and the petitioner was required to submit necessary challan of the deposit of amount for restoration of the lands in question. No time was fixed by the respondent No. 2 for deposit of the amount, nor there was any direction that in the event of non-deposit the case will stand rejected or dismissed. Toofani Yadav filed Land Restoration Appeal No. 2/1966-67 which after being transferred to Additional Collector, Saharsa was re-numbered as 19 of 65-66/2 of 67. The said appeal was dismissed vide order dated 21-8-70, a true copy thereof has been annexed as annexure-1 to the writ petition.