MAHESHWARI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These writ applications involving common questions of law and facts with the consent of the learned counsels for the parties were taken up together for hearing and are being disposed of by this common Judgment.

(2.) Although the impugned orders passed by the Deputy Commissioner is common in all the cases and the orders passed by the Circle Officer are being different and the annexures are also being different. The orders impugned in each of the writ applications are being reproduced herein belows : - <FRM>JUDGEMENT_1051_BLJ1_1988Html1.htm</FRM>

(3.) The facts of each case except in C, W. J. C. No. 2071 of 1982 are common. However, the representing matrix of facts would be considered from the records of C. W. J. C. No. 1579 of 1982. In each case a proceeding was initiated by the respondent No. 2 (the Circle Officer) in purported exercise of its powers conferred upon him under Section 3 of the Bihar Public Land Encroach ment Act, 1956. The petitioners in each case contended that the land in question being a portion of plot No. 520 was recorded as Parti Kadim and the Ex-landlord of Handwa Estate settled different portions of lands by Pattas granted to the petitioners of each case except in C. W. J. C. No. 2071 of 1982. The names of the petitioners in each case was entered in Register 11 and on payment of rent for the same, rent receipts were granted therefor. It is also the case of the petitioners that after vesting of the aforementioned Estate in the State of Bihar, the Ex-landlord submitted a return under the provisions of the Bihar Land Reforms Act, 1950 in which specific mention was made about the settlement granted to the petitioners. However, in C. W. J. C. No. 2071 of 1982, the name of the petitioner thereof was not entered in Register II maintained by the State of Bihar nor any rent receipts was granted to him by the State of Bihar.