IDAN MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the instant writ ap - ~ plication, the petitioners have prayed for quashing of the order dated 31st July 1985 passed by the Director Consolidation, in Revision Application No. 870 of 1984, the order dated 1st March, 1984 passed by the Deputy Director of Consolidation in Appeal No. 478 of 1983 -84 and also the order dated 18th August 1983 passed by the Consolidation Officer, Nokha in Consolidation Case No. 478 of 1983 -84. Photo copies of these orders have been annexed and marked as An -nexures -1, 2 and 3 respectively.

(2.) THE brief facts of the case are as follows : The dispute relates to lands recorded under Khata No. 261, Mauja Nosari P.S. Nokha measuring an area of 5 acres 52 decimals which was recorded in the Revisional Survey record of rights in the name of Manu Mian, Fattu Mian and Idan Mian, all sons of Peer Mohammad Mian, having equal share. The petitioners further case was that in the Raitati Column, names of all the three brothers find place with respective plots according to their possession. It was further stated that this Revisional Survey Khatian of Khata No. 261 shows and establishes that the lands of this Khata are properties of three brothers, namely, Manu Mian, Fattu Mian and Idan Mian having 1/3rd share each and they were in separate cultivating possession of the same. The, further case of the petitioners was that the lands of these Khatas were joint properties of the three brothers which were acquired out of joint family fund in the year 1936 by means of registered Patta obtained from the then landlord Bijay Bahadur Singh. The rest lands about 25 decimals were Marausi and purchased land. The Parcha had been obtained in the name of Manu Mian because he was the elder brother and Manager of , the family the settlement money was paid to the landlord out of the joint family fund. Petitioners further case wqs that Pir Mohammad died a few years after the cadestral survey leaving behind three brothers in jointness besides his widow and two daughters who are dead. The three brothers separated sometime in the year 1957 -58 and each brother began to cultivate in separate possession 1/3rd land of this Khata In question. It was alleged further that for some time, rent was paid jointly in the name of Manu Mian but subsequently mutation took place in the year 1966 -67 and since then rent began to be -paid by the petitioners separately and

(3.) NO counter affidavit has been filed in this case by the private respondents or by the State of Bihar.