SHEO NARAYAN CHAUDHURY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Article 296 of the Constitution for the issue of an appropiate writ to quash an order of a settlement of a hat known as Gudari Hat made by opposite party No. 2 with opposite party No. 3 and to restrain the latter from interfering with the peaceful possession of the petitioners.

(2.) The facts giving rise to this application are these. The petitioners claim to own and (SIC) a holding known as a "Bitori" holding measuring about five bishas in village Kasba the boundary of which has been given in paragraph I of the petition. Village Kasba was under the zamindari of Choti Kothi of which the proprietor was Mahipal Bahadur Singh of Purnea. This holding of the petitioners stood recorded in the landlord's sherista in the names of their ancestor. Dular Chaudhury and Kantu Chaudhury at a rent of Rs. 2-10-8 and this was payable to the Choti Kothi. On a portion of the aforesaid holding, there are some pucca and kutcha houses having been constructed by the ancestors of the petitioners, and it is stated in the petition that the petitioners have been "carrying on business'' in these houses. On an area of about two bighas, out of the five bighas of the holding, the petitioners have their houses, while on another area of about two bighas there stand temples and a hat is held on a portion of this land. The remaining one bigha is parti land. It is then alleged that the petitioners are settled raivats of an adjoining village named Bahura Phulwari and that this they have acquired occupancy rights in the Bitori holding in village Kasba. With regard to the 'hat', it is stated that every morning and evening a 'hat', known as Gudari Hat, is held, and the income from this 'hat' is realised by the petitioners and spent over the upkeep of the temples and the deities. The landlord is stated to have had nothing to do with the realisation of the toll from this 'hat', the roll having been realised by the petitioners and their ancestors from time immemorial,

(3.) In 1954, the Zimindari of Choti Kothi of Mahipal Bahadur Singh vested in the State of Bihar and the State, it is stated, has been granting receipts with respect to the Bitori holding since then, and no toll has been realised by the State in respect of the 'hat'. The petitioners say that they came to know that the Additional Collector of Purnea was going to hold a settlement of the 'hat' by public auction and filed an objection before him stating that the holding belonged to them as also the 'hat' and that the State had no right to make a settlement of it. The Add tional Collector of Purnea, however, held a public auction and settled the 'hat' with opposite party No. 3 on the 16th of March, 1955 for a sum of Rs. 2,200/-without notice to the petitioners.