KAMAL KISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has challenged the order as contained in Annexure-6 whereby the Deputy Collector, Land Reforms, Sadar Gaya, (hereinafter referred to as 'D.C.L.R.'), has refused to pass order in Mutation Petition No. 04 of 2013/14 filed by the petitioner with respect to land appertaining to Thana No. 354, Khata No. 90(new) 45 (old), Plot No. 4 (new) 7 (old) measuring an area of 8232 Sq.ft. Situated in village Hariharpur and has directed the Circle Officer to file Appeal against the Judgment passed by the court below in Title Suit No. 204 of 2009/346 of 2007 in favour of the petitioner.

(2.) Heard Mr. Dhananjay Kumar, counsel for the petitioner and Mr. Nagendar Pd. Yadav, SC-23 appearing on behalf of the State.

(3.) Counsel for the petitioner submits that petitioner has purchased the land from rightful owner in the year 2005. He further submits that ex-landlord on vesting Zamindari has settled the land in favour of Komal Mistry and delivered the possession after Nazarana was paid and, thereafter, Zamindari receipt was issued in his favour. The landlord had filed return showing the name of raiyat and State respondents had recognized late Komal Mistry as raiyat of the land in question at the time of vesting of Zamindari. His name was also mutated in the State Demand who used to pay the revenue rent to the State and got rent receipts. During operation of revisional Survey, the Cadestal Survey Plot No. 7 appertaining to Cadestal Survey Khata No. 45 has been carved out as new Plot No. 4 appertaining to new Khata No. 90 but, illegally in place of name of raiyat, State of Bihar had been mentioned showing the name of late Komal Mistri (Raiyat) as in illegal possession in the remark column of new Khatiyan. He further submits that late Komal Mistry sold the land to different persons as mentioned in detail in paragraph-9 of the writ petition. One of the purchasers of the land namely, Madhuri Prasad, sold the land to the petitioner by executing sale deed dated 21.5.2005 and delivered possession of the land to him with specific area and boundary.