LAXMAN SAHAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners through this writ application under Articles 226 and 227 of the Constitution of India, seek grant of a writ of certiorari quashing the Order dated 6-2-1979 (as contained in Annexure-1) passed by the Deputy Collector, Land Reforms, Madhubani Sadar, (Responpent No. 3) in Case No. 3 of 1978-79 (State of Bihar v. Shri Lakshman Sahai and Shri Ram Chandra Sah) under Section 4 (g) of the Bihar Land Reforms Act, 1950 issuing notices to the State of Bihar as well as the petitioners for showing cause as to why against their illegal act, a case be not instituted under appropriate Section after treating 1 Bigha of Gair Mazarua Khas Pokhara of land of Khesra No. 89 appertaining to Khata No, 312 of Mohalla Bhawanipur alias Saraiyaganj of Mauza Madhubani as Government land the order dated 22-11-1979 (as contained in Annexure-2) passed by respondent No. 2 cancelling the Jamabandi in regard to 3 Bighas 18 kathas and 7 dhurs of land out of the aforementioned Khesra and khata and directing the petitioner No. 1 Ram Chandra Sah to deliver possession of the aforementioned land to the Anchal Adhikari, Radhika within one month, failing which giving liberties to the letter to take special steps or to use such force which may be necessary for compliance of his order, the appellate order dated 17-9-1982 (as contained in Annexure-3) of the Collector, Madhubani Respondent No. 2 passed in Appeal case No. 153/79-80 dismissing the appeal of the petitioners filed against the order contained in Aanexure-2, and the notice dated 7-10-1982 (as contained in Annexure-4) of the Respondent 3 issue to the petitioners to hand over possession of the aforesaid lands to the Anchal Adhikari. Radhika. The petitioners also pray for issuing a direction to the Respondents Nos, 1 to 3 not to disturb the peaceful possession of the petitioners over the aforesaid land.

(2.) The facts, as it appears from the writ application, the counter affidavit of respondent Nos. 1 to 3 and the petitioner's rejoinder to that counter affidavit are short 3 bighas 11 kathas and 7 dhurs of lands was a tank situate within Mohalla Bhawanipur of the Madhubani Municipality, District Madhubani. At one point of time, it belonged to Bhaktidhari Singh, the then landlord who in the year 1952 settled the same with the petitioners. The petitioners came in possession of the land and started paying rent to the Bhaktidhari Singh after obtaining rent receipts. At the time of vesting of his Estate in the State of Bihar, the Ex. landlord filed a return showing the name of the petitioners Raiyats, The petitioners also renovated the tank and started growing Makhanas therein and rearing fishes. A vesting proceeding was started agaiust the said landlord vide Government notification No. 487-L.R/JAN dated 17-2-1953 which has published in the Bihar Gazette extraordinary dated 2-6-1953. A compensation case No. 8/53 State v. Shri Bhaktidhari Singh, was also initiated by the order dated 11-5-1953 of the then Additional S.D.O. (as contained in Annexure-9) and a notice was issued under Section 40 of the Bihar Land Reforms Act and a return was submitted by Bhaktidhari Singh and full compensation amount was paid to him in the year 1960-61 after verification of the Jamabandi of the aforementioned land. The petitioners too started paying rent to the State of Bihar and obtaining rent receipts upto-date in their own names. On an application filed by certain persons seeking settlement of lands of Khesra Nos. 891 and 4251, a further enquiry was initiated in regard to the settlement of the petitioners' land and it was found that those lands have already been settled by the ex-landlord after holding of above enquiry by the Circle Inspector. In his reports (Annexure-6 and 6-A) the Circle Inspector stated that the land in question were already settled through bandobasti residi in favour of the petitioners, who are Jamabandi Raiyats and have been paying rents and that the land in question does not figure in the sairat register. The petitioners out of the aforementioned lands sold 1 Katha 10 dhurs of land to Deokant Jha and Nainu Jha and when in 1978 they wanted to sell the aforementioned tank to one Ram Chandra Sahu, the said proceeding was illegally initiated. The petitioner filed show cause resisting initiation of the proceeding on the aforesaid facts in support of which they also filed several documents but without any success.

(3.) In the counter affidavit filed on behalf of the Respondent Nos. 1 to 3 it has been asserted that the petitioners have illegally claimed the tank by way of settlement even though it had already vested in the State of Bihar. The fact of the Change in the shape and size of the tank before vesting in the State of Bihar, its reclaimation by the petitioners growing up of Makhana and rearing fishes by them as also sale of 1 katha of land to Deokant Jha and Naini Jha was dubbed as wrong or baseless. The petitioners' claim that in settlement case No. 28/75-76, their settlement was found to be genuine and that the said proceeding was in regard to same tank, were dubbed as not entirely correct. The validity of the orders passed by the Respondent Nos. 2 and 3 have also been supported and it has been asserted that the instant case comes either under Section 4 (g) or under Section 4(h) of the Bihar Land Reforms Act.