SURYA NARAIN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) DISPUTE in these cases is with respect to 2 Kattha 12 Dhurs of land out of Plot Nos. 2488 and 2490 appertaining to Khata No. 15 of Village Dhoi in the district of Darbhanga. Petitioner Suraj Narayan Mishra and others, CWJC No. 7713/96 are the landlords of the disputed land 'whereas Ram Naresh Mishra, Petitioner in CWJC No. 11341/96 is allegedly privileged tenant of the same land. Both the writ petitions have been preferred against the order of the Collector, Darbhanga dated 17.6.1996 in Misc. Case No. 154 of 1992 93.

(2.) AS the case has got a chequered history, therefore, it would be advisable to state few facts. Undisputedly, the ancestors of the petitioners Suraj Narain Mishra and others purchased this piece of land on 20.2.1956 in 'Money Execution Case No. 134 of 1995 and got their possession. Thereafter, at several stages the matter was contested by Ram Naresh Mishra but ultimate success remained with Suraj Narain Mishra and others.

(3.) THEREAFTER a Land Encroachment Case No.33 of 1977 78 was filed by Ram Naresh Mishra alleging that in spite of Purcha having been granted under the provision of Bihar Privileged Persons Homestead Tenancy Act (in short 'the Act'), the land holders have evicted him. On 13.9.1978 the Anchal Adhikari passed an order for eviction of the land holders. Against this order, Suraj Narayan Mishra and others filed Misc. Appeal No. 89 of 1977 78 in the Court of Collector, Darbhanga. The matter was heard and on 8.3.1979 the order of the Anchal Adhikari was set aside with a direction that he should take steps in accordance with the provisions of the Bihar Privileged Persons Homestead Tenancy Act.