LAKSHMI BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application and Civil Writ Jurisdiction Case No. 642 of 1996. are being disposed of by one order as common questions are involved therein and both arise out of one land ceiling proceeding.

(2.) THESE two writ applications have been filed for quashing final publication made under Section 11 (1) and gazette notification issued under Section 15(1) of the Bihar Land Reforms(Fixation of Ceiling Area and Acquisition of Surplus Land Act, 1961 (hereinafter to be referred to as 'Act') in relation to Land Ceiling Case No. 63 of 1973 -74/12 of 1993. -94 started against respondents nos. 5 to 8, namely, Mossomat Sudama Devi, Gobind Jha Raghunandan Jha and Narayan Jha.

(3.) THE petitioners of these two writ applications claim to be purchasers of the lands, which had been acquired in the aforesaid ceiling proceeding and details of their claims have been mentioned in paragraph 6 of their respective writ applications: Paragraph 6 of Civil Writ Jurisdiction Case No. 807 of 1996 runs as follows : - "6. The petitioner no. 1 had purchased the land of mauja Gorrah Bisanpur, appertaining to Khata no. 275, Khesra no. 717/0.46, 718/0.88, 720/0.71, 723/082, 797/1.00, 715/0.4, totally an area of 3.71 acres, from the respondents no. 6 and 7 and father of the respondent no. 8 on 26th of April, 1959, through a registered deed of kewala and came in peaceful possession of the land. The petitioner mutated his name in the sirista of the State and zamabandi no. 432 had been opened in the name of the petitioner with respect to the land and rent receipts have been issued after the payment of rent was made to the State. The petitioner no. 2 had purchased the land of mauja Gorraha Bisanpur appertaning to khata no. 275, khesra no. 704/0.15, 705/0.14 and 715/0.2, totalling an area of 0.31 acre of land only from Mahadeo Bhagat and Bishwanath Bhagat through registered deed of kewala dated 8th of January, 1972, in the name of his wife Mandodari Devi (now deceased) and came in possession of the land. The petitioner mutated her name in the sirista of the State and Jamabandi no. 576 had been opened with respect to the land in her name, she paid rent to the State and got rent receipt issued therefrom. It is desirable to state that the vendor of the petitioner Bishwanath Prasad Bhagat had purchased land of mauja Gorraha Bisanpur appertaining to khata no. 275, khesra no. 704/0.15, 705/0.19 and khesra no. 715/0.9 acres of land on 24th of April, 1959, through a registered deed of kewala from the respondents no. 6, 7 and the father of the respondent no. 8. He got his name mutated in the sirista of the State, paid rent and got rent receipt issued therefrom and since then he came in peaceful possession of the land. It is further stated that the wife of the petitioner no. 2, late Mandodari Devi has since died and the petitioner no. 2 has become the sole owner of the property. Petitioners no. 3, 4 and 5, after the death of their father Raghu Mandal, have become the owners of the property as being the only heirs left behind by the father. The father of the petitioners no. 3, 4 and 5 had purchased the land of mauja Garraha Bisanpur, appertaining to khata no. 275, khesra no. 797/2.65, 826/1.42 and khesra no. 715/0.36 acres, totalling an area of 4.43 acres of land through a registered kewala dated 9th of February, 1960 from the respondents no. 6, 7 and father of the respondent no. 8, and came in peaceful possession, paid rent to the State and got rent receipt issued therefrom. The zamabandi no. 451 has been opened in the name of their father Raghu Mandal Petitioners no. 6, 7 and 8, after the death of their father Muratlal Yadav, inherited the estate left behind him as being the heirs. The father of the petitioners no. 6, 7. and 8 had purchased land of mauja Gorraha Bisanpur, appertaining to khata no. 275, khesra no. 539/1.8 and khesra no. 598/4.54, totaling an area of 7.36 acres of land through a registered kewala dated 17th November, 1960 from the respondents no. 6 and 7 and the father of the respondent no. 8 and came in peaceful possession of the land. The father of the petitioners mutated his name in the sirista of the State, paid rent and got rent receipt therefrom and consequently a jamabandi no. 436 had been opened in the name of their father, The father of the petitioner no. 6, 7 and 8 had also further purchased land of the same mauja appertaining to khata no. 275, old khesra no. 204M/new khesra no. 679/0.55 and old khesra no. 204M/new khesra no. 688/0.42 totally an area of 0.97 acre through a registered deed of kewala dated 11th of February, 1958. from the respondent no. 6 and 7 and the father of the respondent no. 8. and came in possession. His name has been mutated and he got rent receipts therefor on payment of rent. The petitioner no. 9 had purchased land of mauja Gorraha Bisanpur appertaining to khata no. 275, khesra no. 539/0.91 and khesra no. 698/2.77, totalling an area of 3.68 acres from Muratlal Yadav through a registered deed of kewala dated 10th of January, 1967 and came in possession of the aforesaid land. He has also through the same kewala dated 10th of January, 1967 purchased land of mauja Gorraha Bisanpur appertaining to khata no. 310, khesra no. 614/0.23 and khesra no. 615/0.93, totalling an area of 0.35 acre of land and came in possession over there. He mutated his name in the sirista of the State, paid rent and got rent receipt and jamabandi no. 483 has been opened in his name. The petitioner no. 10 had purchased land of mauja Gorraha Bisanpur appertaining to khata no. 275, khesra no. 679/0.55 and khesra no. 688/0.42, totalling an area of 0.97 acre of land through a registered kewala dated 10th of January, 1967 from Muratlal Yadav and came in possession whereof. He has mutated his name in the sirista of the State, paid rent and got rent receipt issued therefrom and jamabandi no. 436 has been opened in his name. The petitioner no. 11 is the only daughter of Dhyani Sharma and after his death she has inherited the entire estate of her father and consequently has become the sole owner of the property left behind her father. Her father had purchased land of mauja Gorraha Bisanpur appertaining to khata no. 275, khesra no. 558/1.18 and khesra no. 559/0.7 totalling an area of 1.25 acres through a registered kewala dated 9th February, 1960 from the respondents no. 6 and 7 and the father of the respondent no. 8 and came in possession of the land. He got his name mutated in the sirista of the State, paid rent to the State and got rent receipt therefrom. Jamabandi no. 455 has been opened in his name. The petitioner no. 12 had purchased land of mauja Gorraha Bisanpur appertaining to khata no. 45M, old khesra no. 143/New Khesra no. 539/0.37 acres of land through registered deed of kewala dated 17th of January, 1957. from the respondents no. 6, 7 and the father of the respondent no. 8 and came in possession of the land. He got his name mutated in the sirista of the State of Bihar, paid rent and got rent receipts issued from the State. It is stated in conflagration, the entire documents, original with rent receipts burnt in the year 1993 and hence no receipt is being produced before this Hon'ble Court."