MAKENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal under Clause10 of the Letters Patent of the Patna High Court Rules, 1916 has been preferred by the appellant challenging the judgment dated 22.03.2018 passed by the Writ Court in C.W.J.C. No.18672 of 2016, whereby the writ petition filed by the petitioner for directing the respondents to vacate the raiyati land of the petitioner and handover possession of the same has been dismissed.

(2.) The dispute in the writ petition relates to land of Khata No.212, Plot Nos. 964, 995, 997, 1010, having total area of 2.39 acres, situated in Mauza Erki, Police Station and District Jehanabad.

(3.) The contention of the appellant is that the property involved in the present case is raiyati land recorded in the name of Late Mahangu Gope, who was his great grandfather. The revisional record of right was prepared in the name of his father. After the death of Mahangu Gope, the same was allotted in favour of his father, on the basis of oral partition amongst the family. Appellant's further contention is that the demand had also been made in the name of his father and on the basis of that he is paying rent to the government for which rent receipts have been granted by the revenue authorities. His further contention is that his father was an illiterate person and due to dispute in the family he left the village and the District Magistrate took over the possession of the land and constructed residential premises. Although his father tried his best to get the land, he could not succeed during his lifetime. After his death when the appellant came to know from his family members that revisional record of right has been prepared in the name of common forefather Mahangu Gope, he started digging the issue by filing application under Right to Information Act.