BHOLA RAM CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Arts.226 and 227 of the Constitution of India by thirteen petitioners. Out of them, petitioner No.12 is said to be the Secretary of a Society known as Bhu Satwa Raksha Samiti, Sahebganj. It is not disputed that it is not a registered society. It is thus not known whether it is one man society or more than one man society. Be that as it may. The petitioners claim to be the residents of Sahebganj Municipality. The prayer of the petitioners is to restrain the respondents from disturbing or interfering with the possession of the petitioners whose names are entered as raiyats in Zamabandi Registers appertaining to Tauzi No. 599 within Sahebganj Municipality and to forbear from compelling such tenants to execute leases on payment of salami.

(2.) The petitioners have not stated the nature of their right which they claim and on the basis of which they claim that the Deputy Commissioner is not entitled to ejectment.

(3.) Learned counsel for the petitioners claimed that the residents of Sahebganj Municipality are there on the basis of Pattas granted in 1899. Subsequently, pattas were granted in 1931 in which clauses 4, 5, 6, 7, 8 and 14 are significant. They read as follows :-