RAJENDRA PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application is directed against the order dated 04.07.2006 passed by the LRDC, Barh in Case No. 3 of 2006.

(2.) The petitioner's case is that he is in possession of substantial agricultural land and is duly recorded as a raiyat in respect thereof. For quite sometime, he had been requesting the authorities to demarcate the land so that there is no problem with regard to possession thereof especially at the time of sowing and harvesting crops. The learned LRDC forwarded this application to the Circle Officer. Some reports were received. Thereafter, the private respondents No. 5 and 6 filed an objection before the learned LRDC praying that no steps be taken pursuant to application of the petitioner as petitioner was wrongly claiming possession over these respondents' lands. They referred to the report of Halka Karamchari to show that it were private respondents who were found in possession. After hearing both the sides, by the impugned order, the learned LRDC held that there were serious disputes as between the parties with regard to possession of land. Instead of holding that in such a situation, possession of either party could not be decided by him and consequently no measurement could properly be done to demarcate the land, he went a step further and held that the petitioner was not in possession. It is this part of the order by which the petitioner is aggrieved. The private respondents were noticed and had appeared. The State has filed counter affidavit and supplementary counter affidavit. In the supplementary counter affidavit, they have stated that the Subdivisional Officer, without knowledge of the order of the DCLR, as impugned herein, acting in bona fide, directed that protection be given to the petitioner but or coming to know that DCLR had passed an order adverse to the petitioner, he had recalled that order. In the said supplementary counter affidavit, it is also manifest that the authorities are cognizant of the fact that there is serious dispute with regard to said land.

(3.) Heard the parties, and with their consent, this application is being disposed of at this stage itself.