CHAMPA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this Writ Petition under Article 226 of the Constitution of India, the Petitioners have sought the following reliefs:

(2.) IT is very clear from the aforesaid reliefs that the Petitioners have challenged the three concurrent Orders on facts of the Revenue authorities recorded on facts, in terms of the provisions of the Bihar Consolidation of Holdings & Prevention of Fragmentation Act, 1956 (Bihar Act XXII of 1956) (In short, the Act), which received the assent of the President on the 6th September, 1956, by filing this Writ application under the Writ jurisdiction of this Court under Article 226 of the Constitution of India.

(3.) IT may be mentioned at this stage that the Petitioners were allotted 22 decimals of Cadestral Survey Plot (CSP) No. 257 of khata No. 3 which is orchard as averred by them. Respondent 2nd party was allotted 33 decimals of C.S.P. No. 257, having mango trees in the said land during the survey revisional operation, C.S.R No. 257 measuring 55 decimals of land has been recorded in the name of late Jawahar Mishra and R.S.P.No. 666 has been carved out of C.S.P. No. 257, as claimed in the Petition. It is also true that the Consolidation Officer had directed to make a local inspection of the plot under Sec.10(7) of the Act and the local inspection was made and report was submitted on 10th December, 1980, in Case No. 19 of 1979 -80. It is alleged that in the said report, it is recorded that the Petitioners are also co -sharers of the land in question which is orchard.