SYED SOHAIL AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioners seek quashing of order dated 10.05.1993 passed in Misc. Appeal No.95/1990-91 by the Additional District Magistrate, Munger and also seek quashing of order dated 19.10.1990 passed in Misc. Case No.8/1986-87 by which the Deputy Collector, Land Reforms, Sheikhpura, Munger cancelled the Jamabandi, standing in the name of the petitioners, appertaining to Khata No.51, Plot No.773 measuring an area of 92 decimals.

(3.) The factual matrix of the case is that one Abdul Hassan settled a piece of land measuring an area 5 bighas by a "Hukumnama" on 5th Magh, 1277. The grand father of the petitioners excavated a pond for providing drinking water during the cadastral survey. Due to inadvertence, the Plot No.773, measuring an area of 92 decimals and Plot No.772, measuring an area of 97 decimals as pond and Bhind of Pokhar respectively were inadvertently and wrongly entered in the said khatiyan as "Ghair Mazrua Aam pokhar". Against the aforesaid wrong entry, Md Nazir and Md. Gaffar and other branches of the family of Mir Basharat Ali filed Tanaza Case No.29 for correction of the wrong entry of Plot No.772 and 773 of Khata No.51. The Tanaza was decided in favour of ancestor of petitioners vide order dated 201908, and accordingly, the District Magistrate, Munger vide his order dated 211.1908 directed the Survey authorities to correct the "Ghair Mazrua" wrong entry. Later on, the land was partitioned among the family members of the petitioners and in final publication of record of rights Plot No.773 was recorded in the share of petitioners and others. The names of the petitioners were mutated in the Register-II and the petitioners deposited the rent. The petitioners have been coming in peaceful possession of the tank. On 01.09.1986 the respondent no.7 filed a petition before Deputy Collector, Land Reforms, Sheikhpura for settlement of pond by way of auction and on such Misc. Case No.08/1986-87 was registered. The Circle Inspector reported that the pond in question is in possession of the petitioners. The petitioners submitted all the papers, such as Hukumnama, Zamindari Batwara, Survey Parcha issued after publication of cadastral survey khatiyan, Judgment of Tanaza dated 201908 and registered sale deed dated 11.05.1951 but even after all the documents, the Deputy Collector, Land Reforms vide order dated 19.10.1990 passed in Misc. Case No.08/1986-87 cancelled the jamabandi.