NIRANJAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as the State and learned counsel for respondent nos. 6 to 8.

(2.) WRIT petitioner is aggrieved by the order dated 12.7.2002 passed by the Collector in Rent Fixation Case No. 28/2002, whereby he has set aside the appellate order passed by the Additional Collectore, Gaya in Rent Fixation Appeal No. 33/99 - 2000 and remitted back the matter for fresh consideration by the appellate court. The land in dispute relates to khata nos. 7 and 8. Petitioner 'scase is that the land originally was recorded in the name of Rani Bhuwineshwari Kunwar alias Bachcha Sahiba. According to the petitioner, the land apperatining to khata no. 7 was auction -sold in Case No. 744/1929 -30, which was transferred on behalf of the auction purchaser in favour of one Lagan Brat Devi wife of Ram Ballabh Sharan Singh (cousin grand -father of the petitioner) by a registered sale deed dated 23.02.1951. The aforesaid purchaser died issueless and the petitioner, thus, 18/4/2014 Page 255 R.B.S.Construction Pvt.Ltd. Versus State Of Bihar acquired it by succession and he is continuously in its cultivating possession. The land of khata no. 8 was recorded in the name of Ram Raji Kunwar wife of Rup Narayan Singh (grand -father of the petitioner), and, thus, the petitioner in regard to the aforesaid land also is coming in possession of the land in question. One Bhuwan Gope, father of respondent nos. 6 to 8, filed an application before the Anchaladhikari, Paraiya, on 26.12.1998 for fixation of rent with regard to the lands in dispute, upon which a report was called from the Halka Karmachari/Circle Inspector and Subsequently, Rent Fixation Case No. 1/98 -99 was initiated, wherein general public notice was issued and the records were sent to the Land Reforms Deputy Collector, Tekari, District Gaya, who fixed the rent of the land in question at the rate of Rs. 25/ - per acres in favour of the aforesaid Bhuwan Gope from the date of vesting of the Zamindari and transmitted the record to the Anchaiadhikari, Paraiya, to issue the rent roll in favour of the father of the private respondents. The petitioner preferred Rent Fixation Appeal No. 33/99 -2000 before the Additional Collector under Section 8 of the Bihar Land Reforms Act, 1950 (hereinafter to be referred to as "Act") along with a [imitation petition, which was admitted, delay in filing the appeal was condonbed and after hearing the otherside the original order passed by the Deputy Collector, Land Reforms aforesaid, was set aside and direction was given to fix the rent in favour of the petitioner after canceling the demand made in favour of the otherside.

(3.) THE said Bhuwan Gope challenged the order of the Additional Collector before the Collector in Rent Fixation Case No. 28/ 2000. The Collector concerned after hearing both the sides remitted back the case before the Additional Collector for deciding the same afresh.