JALESHWAR MANJHI Vs. GAURI SHANKAR MODI

JUDGEMENT

(1.) Court Appeal is directed against the order and judgment dated 23rd Aug., 1996, by the learned Single Judge of this Court in C.W.J.C. No. 1357/1985 (Gauri Shankar Modi v. State of Bihar and others). The private respondents are the appellants.

(2.) Heard learned counsel for the parties and with their consent this appeal is being disposed of at this stage itself.

(3.) It appears that the land in dispute was settled by Laxmipur Estate in favour of one Basudeo Lal who died issueless in the year 1947. This was Khas Jamindari of Laxmipur Estate. Basudeo Lal having died issueless, the lands were declared "Fauti" lands. This means that the lands were opened to fresh settlement. Laxmipur Estate made settlement with the ancestors of the writ petitioner who were already Raiyats in the said village. As per the provisions of Santhal Paraganas Tenancy Act, when Jamindari vested, the Laxmipur Estate filed returns showing the name of petitioner's ancestors as the raiyats. Register - II i.e. tenants register was accordingly prepared, and rents were paid, though belated. In 1971, the writ petitioner made an application for mutation of his name instead of his ancestor who had since died. Upon inquiry being made, that was allowed, accordingly, the writ petitioner continued to be in possession. The possession of writ petitioner through their ancestors are since 1948. In 1978, upon recommendation of the Member of the Legislative Assembly, an application was made by the private respondents, the Sub-Divisional Officer declared the lands to be "Fauti" lands as a consequence of death of Basudeo Lal, and thereafter, made settlement with the private respondents. On coming to know of this, the writ petitioner appealed before the Deputy Commissioner, Dumka. The Deputy Commissioner heard the matter and held that the writ petitioners were the earlier settlees and had been in possession of the land since 1948. The said land could not again be declared "Fauti" lands after 30 years, and resettled. He set aside the order of Sub-Divisional Officer, Deoghar. The private respondents being aggrieved filed a Revision Application before the Commissioner, Bhagalpur Division, who set aside the order of Deputy Commissioner, Dumka and restored the order of Sub-Divisional Officer, Deoghar. It is against that, the writ petition was filed.