STATE OF BIHAR Vs. MANIMALA DEVI

JUDGEMENT

(1.) The State of Bihar has filed this Civil Revision Application for setting aside an order dated 29-9-1983 passed in Execution Case No.14 of 1981 by the learned subordinate Judge, Motinari rejecting a petition filed on behalf of the State of Bihar for restraining the receiver from taking steps for settlement of Mela and Bazar hud on the land in question. By that very order the learned Judge has directed the receiver to make settlement of the Mela and Bazar on the lands in question and to maintain separate account and to deposit the proceed of such settlement m the Stale Bank oi India.

(2.) It appears that a partition suit was filed in the year 1943 on behalf of the plaintiffs who are described as Mukherjee's claiming 1/4th share in the suit properties. During the pendenoy oi that suit the estate vested under the provisions of Bihar Land Reforms Act. On some of the lands a Mela known as Madhuban was being held oa the dale of the vesting oi the estate. A dispute arose as to whether the said Mela and Bazar herd on such land had vested in the State of Bihar under the provisions oi the aforesaid Act. Opposite party No.5, filed a writ application (M. J. C. No. 763 of 1966) before this Court for a writ of mandamus restraining the estate of Bihar from interfering with the holding of the Mela and Bazar on the aforesaid land watch she claimed to be her raiyati land on the basis of a settlement having been made in her favour in the year 1941 by the then intermediary. The settler the then intermediary happend to be her husband. A Bench presided over by the then Chief Justice allowed the said writ application on 4-12-1958. It was observed :

(3.) In the partition suit aforesaid a preliminary decree had been passed and even a final decree has been prepared, sealed and signed. That final decree is at the stage of execution. Daring the execution proceeding a receiver has been appointed. At this stage, as already stated above an application was filed on behalf of the Stale of Bihar in the execution case above mentioned for restraining the receiver from taking steps tor settlement of Mela and Bazar on the lands in question which has been rejected by the impugned order.