JAGU MALLAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 30.4.1985 of the respondent no. 1, the Joint Director of Consolidation (Purnia), Patna.

(2.) IT appears that the land in dispute was recorded in the names of the petitioners in the statement of principles prepared under Section 9A of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (for short 'the Act'). The father of respondent no. 4, Dudhraj Mallah filed objection under Section 10(2) of the Act, claiming that the land in dispute was settled by the ex -landlord in his favour by means of a sada Parwangi long ago and since then, he has been in possession thereof but his name was wrongly omitted from the revenue records. The petitioners contested the objection claiming that in the Cadastral Survey Old Khata no. 161 was recorded in the names of Gaina Gorhi, Gujal Gorhi, Chaman Gorhi, Bhoodan Gorhi, Lalji Gorhi and Dhanu Gorhi, ancestors of the petitioners. The land was neither abandoned, surrendered nor auction sold and, as such, the ancestors of the petitioners continued in possession thereof as occupancy raiyats.

(3.) THE Consolidation Officer, Tribeniganj, who heard the objection, allowed it vide his order dated 4.5.1982. The petitioners filed appeal which was allowed by respondent no.2, the Deputy Director of Consolidation, Saharsa on 16.11.1984. Respondent no. 4 filed revision which was allowed by respondent no. 1 on 30.4.1985. Feeling aggrieved the petitioners have filed this writ petition.