HABEEB ALIAS HABIBTAILOR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application is directed against the orders of the consolidation authorities, who are respondent Nos.2, 3 and 4 rejecting the claim of the petitioner that the land in dispute in a public graveyard of the Muslims of the locality and allowing the claim of respondent Nos. 7 and 8 over the said lands. The last order was passed by the Joint Director of Consolidation in revision No. 1252 A/82 (annexure-4) affirming the order of the Assistant Director of Consolidation, who affirmed the order of the Consolidation Officer in a consolidation proceeding.

(2.) In short, the relevant facts of the case are that the petitioner claims that the land in question has been a public graveyard, recorded as Parti Kadeem for the last seventy years. On the other hand, the claim of respondent Nos. 7 and 8 is that they are settlees from the original Zamindar Zulfikar Ali and have been coming in possession of the land in dispute.

(3.) It appears that in the year 1971 some dispute arose with respect to the land in question between the petitioner and respondent Nos. 7 and 8, which gave rise to filing of Title Suit No. 1/73 by the petitioner for declaration of title. The petitioner lost in the said suit and preferred Title Appeal No. 20/15 of 1973. During the pendency of the appeal the consolidation proceeding was initiated and as per the provisions contained in Section 40 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act (hereinafter referred to as 'the Act'). The said proceeding was held to be abated by an order dated 13.3.1978. The consolidation authorities while disposing of the consolidation proceeding, took into account the decree passed in the said against this petitioner and accordingly rejected his claim.