SHANTA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application the petitioner has prayed for quashing an order D/- 20-9-1971 (Annex. '1'), of the Deputy Collector Incharge Land Reforms, Patna, Sadar, the appellate order of the Additional Collector Patna, dated the 29th June, 1973 (Annexure '2') affirming the order of the Deputy Collector Land Reforms, and the order dated the 10th Dec. 1973 (Annexure '3') of the Commissioner of the Patna Division, dismissing the petitioner's revision application.

(2.) Facts necessary for the disposal of this writ application may shortly be stated. One Thakur Prasad had Zamindari interest in three Tauzis, namely, Tauzi Nos. 6374, 6375 and 5894/5 of Villages Aurangpur and Bir Oriara of Police Station Masaurhi in the District of Patna. After the vesting of the Zamindari interests under the Bihar Land Reforms Act, Thakur Prasad filed returns in respect of his Zamindari. Thereafter, Thakur Prasad died in the year 1958, leaving behind his widow, Shanta Devi (Petitioner) and two daughters, Nirmala Kumari, and Manju Kumari, from his widow Shanta Devi. Thakur Prasad had another daughter, Sona Devi (Respondent No. 5), from a predeceased wife of Thakur Prasad, Kailasho Kuer. It is stated in the writ application that after the death of Thakur Prasad, the name of Shanta Devi was mutated in place of her deceased husband. On the 9th Dec. 1970, however, Sona Devi (Respondent No. 5) filed a petition before the Land Reforms Deputy Collector. Patna (Respondent No. 4), claiming interest in respect of the compensation payable for the intermediary's interest of late Thakur Prasad in the aforesaid Tauzis. She claimed in the petition that Tauzi No. 5894/5 belonged exclusively to her mother, Kailasho Kuer, and she had inherited her share exclusively in that Tauzi. With regard to the other Tauzis, she claimed half interest, the other half being that of Shanta Devi and her two daughters. The petitioner challenged the factum of Sona Devi being a daughter of Thakur Prasad.

(3.) The learned Deputy Collector, Land Reforms, after hearing the parties, came to the conclusion that all the three Tauzis, aforesaid. belonged to Thakur Prasad and directed that the name of Respondent Sona Devi be entered in the compensation rolls with respect to the eight annas share in three Tauzis and the name of Shanta Devi be entered in respect of the remaining eight annas. The petitioner's appeal and revision against that order failed and were dismissed, as per orders contained in Annexures '2' and '3' respectively. Thereafter, this writ application has been filed.