RAM PARVESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed challenging the order dated 10-1-1986/28-1-1986 passed in Revision Case No. 3253 of 1984 by the revisional authority.

(2.) The lands which are disputed in this case are situated in mauza Nayagaon, Thana No. S31 Anchal and P.S. Desari, District Vaishali bearing C.S. Khata No. 145 and CS. Khesara No. 2347 and 2336 recorded in the Cadestral Survey in the name of one Jangi Singh. The said Jangi Singh was the Karta of Hindu undivided family consisting of his two brothers namely Gohaur Singh and Anurag Singh.

(3.) The plots of land belonging to the share of Gohaur Singh were recorded in the name of Raj Kiran Singh without any interference or objection in the Consolidation records from any corner. The dispute in question arises out of a land falling in the share of Jangi Singh who was allotted l/3rd share in his ancestral properties. It is stated by the petitioner that in the revisional survey operation, the lands in dispute were recorded in the names of the petitioners at the Khanapuri stage, against which respondent No. 6 filed objection under Section 103 of the Bihar Tenancy Act which was decided in favour of the petitioners on 1-4-1963 in Objection Case No. 100/62-63. The petitioner further asserts that against the said order no appeal or revision was preferred at any -time by the respondents. When the consolidation operation started in the area in question, the lands in dispute were recorded in the name of the petitioners, and register of land and statement of principle were published under Section 10 (1) of the Consolidation Act. From 31st August, 1974 to 29th September, 1974, no objection was, however, filed by anybody against the entries made up to the year 1976.