JHULAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. This writ petition has been filed for quashing the impugned orders whereby the claim of the petitioners to can -eel the order of settlement in favour of respondent Nos. 5 and 6 made under the provisions of Section 27 of the Bihar Land. Reforms (Fixation of Celling Area & Acquisition of Surplus Land Act (hereinafter referred to as the Act) and to grant parcha in the name of the petitioner since he is a declared under raiyat of the lands in dispute as per the provisions of Section 48E of the Bihar Tenancy Act (in short "B.T. Act") was rejected.

(2.) It would appear from the materials on record that on 31 -3 -1976 a gazette notifica -tion under Section 15 (1) of the Act was published, declaring the land in dispute along with other lands surplus in the ceiling case No. 37/76 -74, which had started against Ramdeo Choudhary and others.

(3.) As would appear from Annexure 6, the order of the Sub -divisional Officer, Ceiling, Supaul, dated 14 -10 -1976 that an application was filed by the petitioner on 18 -6 -1976 under Section 15 (3) of the Act, raising his claim as under raiyat with respect to the -land in dispute. This is not in dispute that by virtue of an order under Section 48E of the B.T. Act, contained in Annexure 5, the Deputy Collector, Land Reforms, after accepting the report of the Batai Board, had declared the petitioner under raiyat of the lands in question. It is also not in dispute that on 31 -5 -1996, the DCLR took a decision to settle the lands in dispute with respondent Nos. 5 and 6 respectively.