JAGDISH GIRI Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) Heard the parties.

(2.) The matter at issue is the construction of railway line/track from Hajipur to Sugauli over a plot of land bearing C.S. Khata No.363 appertaining to C.S. Plot No.8 corresponding to R.S. Plot no.81, area 2 decimals situate at village-Baijnathpur-I, P.S.+Anchal-Sahebganj, District-Muzaffarpur (hereinafter to be referred to as the "land in question").

(3.) Indisputably, the land in question has been recorded as "Gair Mazarua Aam Land" in the continuous khatiyan, which has been brought on record as Annexure-1 to the writ petition. Nature of the land has been described as Kabristan. Apparently, the petitioner is not having any legal right and title over the land in question, though he claims to have his possession over the same for quite a long period. But, even claim of illegal possession of the petitioner over the land in question is not substantiated by revenue records including the survey khatiyan. In the whole writ petition, the petitioner has not brought on record even a chit of paper showing his right and title over the land in question.