NARAYAN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present writ application has been filed for quashing the order dated 20.12.1984 passed by the Charge officer, Purnea in Case no. 68/73 -74 annuling the sale deed dated 24.2.1956 executed by Pratap Narain Chand in exercise of power under Section 5(1)(iii) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (hereinafter to be referred to as the Act). The order dated 7.7.1985 passed by the Additional Collector in the aforesaid case affirming the aforesaid order passed under Section 5(1)(iii) of the Act, the appellate order dated 18.9.90 passed in Ceiling Appeal No. 312/85 -86 of the Collector dismissing the appeal of the petitioner against the aforesaid order and the resolution of the Board dated 31.5.1991 in Revision Case no. 119 of 1990 dismissing the revision against the appellate order. Copies of the said orders have been annexed as annexures 1 to 4 respectively.

(2.) THE petitioner 'scase is that he purchased 15.79 acres of land comprising plot no. 1918 of Khata no. 209 and plot no. 1920 of Khata no. 210 in village Tharhi Raju, P.S. Dhandaha, district Purnea by a registered sale deed dated 24.2.1956 from late Pratap Narayan Chand and thereafter he came in possession over the same and his name was mutated in the records of State of Bihar and rent is being paid by him. He has further stated that he is a resident of Saharsa District and agriculture operation with regard to the lands in question is being managed by local labourers.

(3.) AFTER issuance of draft statement under Section 10(2) of the Act, the landlords and others including the petitioner filed an objection and the Additional Collector while disposing of the matter rejected the claim of the petitioner also on the ground that already a finding has been arrived at that the sale in favour of the petitioner is not genuine. Thereafter the petitioner filed an appeal before the Collector which was also dismissed and the appellate order was also affirmed in revision as stated above.