MOST JAMUNA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Short facts giving rise to the present appeal are that by order dated 16.10.1969, Basgit Purcha was given to one Jahanwati Devi for 15 dhurs of land, bearing plot no.892, khata no.200 at village Suja in the district of Begusarai, under the provisions of the Bihar Privileged Persons Homestead Tenancy Act (hereinafter to be referred to as the 'Act'). Yogendra Narayan Mishra, respondent no.4 herein was its raiyat before grant of Basgit Purcha. Said Jahanwati Devi died in the year 1980 and long after her death Tirpit Narayan Jha filed aplication in the year 1992 for correcting the Basgit Purcha which was registered as Basgit Purcha Case No.22 of 1992-93, inter alia, on the ground that he is residing with her sister Jahanwati Devi who died issueless Respondent no.4 objected to the prayer made by said Tirpit Naraya Jha, but the Circle Officer overruled the same and by order dated 16.1.199b directed for issuance of amended Basgit Purcha. Aggrieved by the same, respondent no.4 preferred application before the Collector which was registered as Revenue Case No.15 of 1993, The Collector by order dated 31.7.2001 set-aside the order passed by the Circle Officer inter alia on the ground that the Circle Officer had no power to make any alteration in Basgit Purcha issued earlier.

(2.) Tirpit Narayan Jha aggrieved by the same, preferred CWJC No. 14486 of 2001 before this Court. A learned Single Judge by order dated 5.1.2007 had dismissed the writ application.

(3.) Aggrieved by the same, the heirs of Tirpit Narayan Jha have filed this appeal under Clause X of the Letters patent.