KUWAR UMESH PRATAP MALL Vs. STATE OF BIHAR THROUGH THE ...RESPONDENTS REVENUE SECRETARY, GOVT, OF BIHAR, PATNA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State, who has filed third supplementary counter affidavit, which is taken on record. The counsel for the petitioner has filed rejoinder thereto, which is also taken on record.

(2.) COUNSEL for the State respondents before going into the merits of the matter, prayed for dismissal of the writ application on the ground of delay and laches. The submission that the writ application should be dismissed on the ground of delay and laches is fit to be rejected as when the State respondents began to disturb the possession of the petitioner over lands in question, petitioner had no option, but to approach this Court. In the circumstances, writ case has to be considered on merits. It appears, petitioner has filed this writ application praying, inter alia, to direct the State respondents to handover possession of 1 bigha 6 kathas and 2 dhurs of land bearing plot no. 2511, Khata No. 94 of Village -Nautan to the petitioner as the said lands were recorded in the cadastral survey in the name of Thug Lohar with whom ancestors of the petitioner, who were the landlord of the touzi had entered into a registered deed of exchange, Annexures -1 and 2 and petitioner is in possession of the lands right from the date of vesting of the interest of the ex - intermediary under the provisions of the Bihar Land Reforms Act (hereinafter referred to as "the Act").

(3.) THE State -respondents refuted the aforesaid claim, with reference to the extracts taken from the register of Misc. Demands, wherefrom it appears that the said plot had vested in the State at the time of vesting of the proprietary rights of ex -landlord a market is being organized over the said land by the State respondent by way of settlement from 1967 -68. Aforesaid contention has been further reiterated by the State respondent with reference to the third supplementary counter affidavit filed today filed by the ex -landlord indicating that the touzi in question, 1888 Don Bujurg vested in the State to the extent of 16 annas interest which is further confirmed from perusal of the extracts from the records of Compensation Case No. 3 of 1956 -57 instituted for paying compensation to the ex - landlord.