YOGENDRA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned senior counsel appearing on behalf of the petitioners and the learned AC to GP 9, appearing on behalf of the respondents.

(2.) The petitioners had originally filed the present writ petition seeking a direction to the respondents not to interfere with the right, title, interest and possession of the petitioners over the lands in question, fully described in paragraph 4 of the writ petition. The petitioners had also prayed that the respondents may be directed to supply the ordersheet of Rent Fixation Misc. Case No. 03 of 2003, where after the orders passed therein be also quashed.

(3.) This matter was heard earlier on different dates and in compliance of the order passed, a counter affidavit has been filed on behalf of the respondent nos. 1 to 5 by taking a plea that the lands in question was acquired way back in the year 1920 for construction of Patna Sewerage Construction Scheme, and subsequently it was transferred in the year 1975 to Beur Central Jail. It was also pleaded that in view of the claim of purchase made by the father of the petitioners in the year 1930, a show cause notice was issued to the petitioners for cancellation of jamabandi and accordingly, by order dated 01.12.2004, jamabandi no. 2657 created in favour of the petitioners regarding the lands in question has been cancelled by the District Collector, Patna.