JANKI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the petitioner, counsel for the State as also counsel for the private respondents.

(2.) PRAYER of the petitioner in this writ application reads as follows:†'' &aposThat this application under the writ jurisdiction of the Hon&aposble Court is directed for issuance of writ, order -or direction in the nature of certiorari for quashing the order dated 12.7.99 passed by the District Magistrate, Bhojpur at Ara in Misc. Case No. 10/99 -2000 by which he has declared the possession of respondents second party over the land in dispute measuring an Area of 5.69 acres situated in Village -Bichla Jangal under Anchal and P.S.Jagdishpur, District -Bhojpur and thereby given forcible possession to respondents second party by giving notice protection with the good officials of the armed police force although the petitioner was in peaceful possession of the same and the same is under challenge vide Annexure -1 to this application and the same is liable to be quashed as illegal, arbitrary, mala fide and against the principle of law and Code of Criminal Procedure."

(3.) THUS adverting to the facts first, this Court would find that the petitioner claims to be have her right and title in the land in question, as owner of the land, in Survey Plot No. 72, 84, 89, 71, 437, 660 under Khata Nos. 151 and Survey Plot Nos. 569, 563, 595, 605, 524, 652, 656, 658, 659, 653, 3156, 2059, 2062 under Khata No. 152. The only basis for claiming such a right of ownership in the aforesaid land is a Will of the year 1989 allegedly executed by one late Bihari Singh, who was admittedly a jamabandi raiyat of the land in question. There is no dispute that the aforesaid Will till date has not been probated. On the other hand, private respondent nos. 8 and 9 are the daughters of late Bihari Singh, the jamabandi raiyat, who claim that as her father died without any male issue, they alongwith five other sisters had inherited his whole property including the aforementioned land.