HARILAL BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel appearing for private respondents as well as learned S.C.-7, appearing for the State.

(2.) This petition has been preferred for quashing the order dated 09.01.2008 passed by the Joint Director, Consolidation, Muzaffarpur under Section 35 of Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 in Revision Case No. 292/92 by which and whereunder he set aside the order dated 22.10.1990 passed by the Consolidation Officer, Bhorey as well as order dated 21.04.1992 passed by the Deputy Director, Consolidation, Siwan in Consolidation Appeal No. 248/1991.

(3.) The petitioners claimed that R.S. Plot No. 7, 66 and 112 situated in village Kuaridih, P.S. Bhorey District Gopalganj were originally recorded in the name of Mangaru Koeri, who had one son, namely, Ram Lagan. The only son of Mangaru Koeri, namely, Ram Lagan had one wife, namely, Smt. Daudi and two daughters, namely, Marachhiya Devi and Ugami Devi @ Udiya Devi. The said Ugami Devi @ Udiya Devi died issueless. Ram Lagan as well as his wife Daudi also died leaving behind only legal heir, namely, Marachhiya Devi, who, on 10.06.1946, transferred the above stated plots to Dhanraj Bhagat by executing a registered sale deed. The aforesaid Dhanraj Bhagat was father of original petitioners. After purchasing the aforesaid plots, Dhanraj Bhagat came in possession of the aforesaid land, got mutated his name and started paying rent to the State. At the time of abolition of the Zamindari, the Zamindar filed return in the name of aforesaid Dhanraj Bhagat. During consolidation proceeding, Takseem chak was also prepared in the name of said Dhanraj Bhagat. However, the respondents no. 3 and 4 filed objection under Section 10(2) of the Consolidation Act claiming that aforesaid Ram Lagan had two wifes namely, Daudi and Dhaneshwari Devi. Daudi had two daughters, namely, Marachhiya Devi and Ugami Devi @ Udiya Devi out of whom, Ugami Devi @ Udiya Devi died issueless. Likewise, second wife Dhaneshwari Devi had one daughter, namely, Sundari Devi @ Sunari Devi. The aforesaid Sundari Devi @ Sunari Devi executed gift deed in respect of the disputed plots in favour of respondent no. 3 and 4 in the year 1982 and after execution of the aforesaid gift deed, respondent no. 3 and 4 came in possession of the aforesaid plots. The Consolidation Officer enquired into the claim of both the parties and rejected the objection of respondent no. 3 and 4 passing order dated 22.10.1990 against which respondents no. 3 and 4 filed Appeal No. 248/1991 in the court of Deputy Director of Consolidation, Siwan but their appeal was, too, dismissed vide order dated 21.04.1992. Thereafter, respondent no. 3 and 4 preferred Revision No. 292/ 1992 before the Joint Director, Consolidation, Muzaffarpur, who vide order dated 09.01.2008 allowed the aforesaid revision.