RAM LAKHAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) LEARNED counsel appears for the petitioner and State is represented by Mr. A.K. Mishra, A.C. to S.C.-XVI.

(2.) PETITIONER is aggrieved by order dated 23.12.2000 passed by the Additional Collector, Madhubani in Appeal Case No. 113 of 1996-97.

(3.) I do not find force in the submissions raised on behalf of the petitioner, inasmuch as, the land in question belonged to the father of the petitioner and brother of the petitioner has been found as landlord and respondent no. 5 has been found to be in possession for the last 30 to 40 years as under raiyat both during initial inspection and also during the course of inspection by the Members of the Board. The rent receipt issued in favour of the petitioner without prejudice is of no help to the petitioner specially as the same is a document of the year 2000-2001, i.e., during the pendency of the cases. It has been categorically held by the Appellate Authority that there is nothing on record to show that in Bataidari Case No. 833 of 1979-80 one Gaffar Ansari had been issued Bataidar Parcha. Aforesaid Gaffar Ansari has not come before this Court challenging the aforesaid order.