SYED IBRAHIM HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In a writ petition the petitioner has challenged the validity of Annexure '3'. Annexure '3' contains the order of the Commissioner in appeal arising out of the Bihar and Orissa Municipal Survey Act, 1920 and the Rules framed thereunder.

(2.) This matter arises out of the preparation of the survey record of Muzaffarpur Municipality. Annexure '1' is the draft publication prepared under Section 8 of the Bihar and Orissa Municipal Survey Act, 1920 (hereinafter referred to as 'the Act'). The dispute was in respect of old plots Nos. 3522 and 3523 appertaining to Khata No. 797. The draft publication as contained in Annexure '1' suggested that these plots originally belonged to the ex-landlord Mehdi Hussain. The petitioner (Syed Ibrahim Hussain) is the son of Mehdi Hussain. It is also mentioned in Annexure '1' that after the death of Mehdi Hussain these plots came in possession of Ibrahim Hussain. It is mentioned in Annexure '1' that the disputed plots are the part and parcel of the house of Ibrahim Hussain. The State of Bihar raised objection under Section 9 of the Act. The Assistant Superintendent of Survey ultimately rejected the objection of the State of Bihar and upheld the claim of the petitioner as contained in Annexure '2'.

(3.) The State of Bihar preferred an appeal under Rule 15 of the Rules framed under the Act. Under Section 15 of the Act the State Government has been authorised to frame rules. These rules were framed by the State Government including Rule 15 under Section 15 of the Act. It is relevant to quote Rule 15 (1) and (2) which run as follows: