BACHCHAN SINGH Vs. SUB DIVISIONAL OFFICER

JUDGEMENT

(1.) In this writ application the petitioner prays for quashing of the orders contained in Annexures 1, 2 and 3 being orders of the Sub-divisional Officer, Bagaha, the Collector, West Champaran and the Additional Member, Board of Revenue, respectively. These orders have been passed under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter referred to as 'the Act').

(2.) Land Ceiling case No. 5/74/75 was initiated against Sri Man Mohan Bikram Shah. In that proceeding notices were issued under section 5(iii) of the Act on the petitioner and some others. They were required to show cause as to why the same in their favour dated 29th August, 1962 by the aforesaid Sri Man Mohan Bikram Shah be not annulled. Cause had been shown by the petitioner. The authorities have held against the petitioner and have annulled the transfer made in his favour on 29th August, 1962.

(3.) The case of the petitioner is that he is a bona fide purchaser for the value. Having purchased the land in question he got himself mutated after due enquiry. Before mutation there was an enquiry in which the petitioner's possession was found by the State authorities. The petitioner is, therefore, paying rent to the State and getting rent receipts in token of the payment.