BIMAL CHAND BOTHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India is for quashing the order dated 3-10-1972 of the Deputy Collector, Supaul (Annexure 3) and the order dated 16-8-1974 passed by the Additional Collector, Saharsa (Annexure 5) under the provisions of the Kosi Area (Restoration of Land to Raiyats) Act, 1951 (hereinafter referred to as the Act), By the above orders, the land, having an area of 39.97 acres, details of which are given hereunder, has been ordered to be restored to Bishwanath Mandal (respondent No. 4) on payment of Rs. 12/- as compensation to Dukha Mandal and Rs. 5984/- to the State of Bihar: Plot wise area of the lands restored <FRM>JUDGEMENT_185_AIR(PAT)_1979Html1.htm</FRM>

(2.) In order to appreciate the points It will be necessary to state some facts. The lands in question belonged to the ancestors of respondent No. 4, and Srlpat Singh and others were the landlords of the same. In the year 1938 the landlords brought Rent Suit 2074 of 1938 against the ancestor of respondent No. 4 which was decreed, and there was an execution case, No. 860 of 1941, The lands were auction sold on 27-6-1941, and it was ultimately confirmed on 13-8-1941 and delivery of possession was obtained by the landlords. Sometime in the year 1941, Mahadeo Mandal, ancestor of respondent No. 4, took settlement of different plots of Khata No. 146. In the year 1949 petitioner No. 2 took settlement of 10.65 acres out of plot No. 1387 and 12.40 acres out of plot No. 1337. Petitioner No. 1 also took settlement, of 8.62 acres out. of plot No. 1337; and those lands were reclaimed by these petitioners and were made fit for cultivation, 5 acres of the total land which was taken settle-ment of by these petitioners was converted into an orchard, after having fenced with barbed wire, in which a pucca well was sunk and about 125 mango saplings were planted. Rent was being paid to the ex landlords and, after the vesting in the state of Bihar, new Jamabandis Nos. 191 and 192 were created in their favour. Petitioner No. 1 in the year 1956 went to Calcutta and joined some service there, and petitioner No. 2 also went there in the year 1962 and started his medical practice there. Mahabir Baitha was looking after their affairs, and they had no place of residence in village Chhatapur,

(3.) On 27-5-1972 respondent No. 4. Bishwanath Mandal filed an application under Section 3 of the Act for restoring 39.97 acres of land, impleading the petitioners and others as parties, on which a case was registered as Land Restoration Case 409 of 1972. In the aforesaid case, seven persons were opposite party including these two petitioners. Notices were sent to the petitioners by their Chhatapur address, and copies of the said notice have been filed as Annexures ] and 1A to this application. The notices could not be served, and a report was made by the peon that the petitioners had been living in Calcutta and. therefore, the notices were hung up in the house. A copy of the peon's report has been filed marked as Annexures 2 and 2A to this application. Again, notices by resgistered post were sent to the petitioners, and they were returned unserved with a note that the addressees were not rasiding at Chhatapur and, therefore, the letters were being returned. Copies of the report have been filed marked as Annexures 7 and 7A. On 22-8-1972 three of the opposite party, namely, Manik Chand Bothra, Rishav Chand Bothra and Abhai Chand Bothra appeared before respondent No. 3 and filed a petition that they had no concern with the land, and, therefore, they should be expunged from the record. The aforesaid petition was ordered to be kept on the record.