MAHBOOBALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) -This petition is directed against the resolution dated 4.8.1994 of the learned Additional Member, Board of Revenue so far as it relates to Revision Case No. 61 of 1991.

(2.) The petitioners' case is that they are land-holders in respect of an area of land measuring 34.86 acres, which their predecessor-in-interest, Md. Issa came to acquire from Mostt. Rabia Khatoon, the owner thereof and that in the year 1958, Md. Issa got his name mutated as land-holder of the aforesaid land measuring 34.86 acres. However, the land of the petitioners having been illegally clubbed with the land of Haji Md. Akhtar in Ceiling Case No. 29 of 1993-94 and declared surplus, for the purpose of acquisition thereof under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter mentioned as 'the Act') behind his back, the predecessor-in-interest of the petitioner Md. Issa, approached this court in C.W.J.C. No. 459 of 1978. This court by the judgment and order dated 3.4.1978 (a copy of which has been annexed as Annexure 5 to this petition) held that the fact that Md. Issa was the land-holder in respect of 34.86 acres of land was admitted even in the verification report submitted by the Block Development Officer and, as such, notice of the proceedings should have been served on the recorded landholder and the objections should have been entertained and heard.-On the basis of such finding allowed the petition and set aside the impugned order with a direction to Respondent No. 3 to dispose of the proceeding afresh after giving opportunity to the petitioner Md. Issa to file objection and of being heard in the matter. Thereafter, the predecessor-in-interest of the petitioners filed objection, with the materials in support or the contention that he was land-holder in respect of the aforesaid land. According to the petitioners, the Sub-Divisional Officer, the respondent No. 4, without considering documents rejected the contention that Md. Issa being the land-holder of the said land, his land could not be tagged with the land of Hazi Md. Akhtar.

(3.) The predecessor-in-interest of the petitioner preferred appeal against the order of respondent No. 4 and the appeal having been dismissed, the preferred Revision Case No. 61 of 1991 before the Board of Revenue, Bihar. The learned Additional Member, Board of Revenue, by the impugned resolution dated 4.8.1994, dismissed revision-petition holding that the mutation in his favour in respect of the aforesaid land, which belonged to Hazi Md. Akhtar was a farzi entry and the same would not confer any title on Md. Issa; inasmuch as it was not established that the transfer of the land in question was validly made by Rabiya Khatoon.