RAM BAHADUR CHOUDHARY SON OF LATE HART CHAUHAN CHAUDHARY Vs. STATE OF BIHAR THROUGH CHIEF SECRETARY, BIHAR

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna arises out of the judgment and order dated 23.2.2001 passed in C.W.J.C. No.1610 of 2000 (Ram Bahadur Choudhary vs. The State of Bihar and Others), by a learned Single Judge of this Court, whereby the writ application has been dismissed.

(2.) Facts involved in the present matter are rather brief. Issue relates to land measuring 3 acres and 9. decimals situated in Mauza -Khuramabad, P.S. -Chenari, Thana No. 18, District -Rohtas, Old Khata No. 107, Old Khesra No. 1600 (New Khata No. 559. New Khesra No. 2843). The appellant -writ petitioner claims to be the nephew of one Shiv Chandra Mallah alias Shiv Chandra Choudhary. It is contended that the land in question which is a gairmajarua malik land was settled by the ex - landlord in favour of his uncle in the year 1941 by a Hukumnama. The said settlement was followed by deposit of rents and issuance of rent receipts and filing of returns.

(3.) IT is stated that jamabandi was created after vesting of the Estate by reason of the Bihar Land Reforms Act, 1950 and the rules. The ex -landlord submitted his return in favour of the uncle of the appellant and on the basis of which, the name of his uncle was entered in Register -ll and he used to make payment of the rents and the receipts were issued in his favour. It was stated that the family was in the state of jointness. An encroachment proceeding was also initiated, which was decided in favour of the uncle of the appellant.