STATE OF BIHAR Vs. DEO PRASOON

JUDGEMENT

(1.) Heard counsel for the appellant, the State as well as the private respondent.

(2.) State is aggrieved by the order dated 21.10.2014 passed by the leaned Single Judge, who allowed the writ application of the private respondent and gave a direction to the State authorities that they cannot refuse registration of the property in question keeping in mind the history of the possession of the land in question by the private respondent or his forefathers. The direction of the District Magistrate, Munger, which is letter no.226, dated 03.07.2013 creating an embargo, was also quashed and set aside.

(3.) The main thrust of the argument of the counsel for the State is that Tauzi No.1333 has been shown to be Kesar-E-Hind land and therefore, such land by nature cannot be alienated by any private person in favour of any third person. However, the finding of the learned Single Judge is that the land in question was a Petty Estate where State has settled the land in favour of Babu Deoniti Prasad Singh and way back in the year 1961 by registered sale deeds right, title and interest over the land was claimed by the private respondent. Mutation had been permitted. Payment of rent had been accepted. The problem or objection has been raised when the private respondent wanted to alienate the said land in favour of third party.