SUJASH CHANDRA TARAFDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ petition has been filed for quashing the order dated 23.8.1988, annexure-1, passed by Superintendent of Survey, Respondent No. 2, whereby he reviewed his earlier order dated 25.7.1987, annexure-3.

(2.) The relevant facts of the case are that father and uncle of the Petitioner purchased seven Bighas three Kathas of land on 10.4.1922 by a registered sale deed. There was a partition between them. The half of the aforesaid purchased land was allotted to the Petitioners. The municipal survey was started in the early eightees and in the draft publication municipal survey plot Nos. 416, 417, 418 and 419 were recorded in the name of the Petitioners. The State of Bihar, Respondent No. 1 filed objection before the Assistant Superintendent of Survey stating therein that jamabandi stands in the name of the Petitioners in respect of three Bighas, sixteen Kathas and ten dhurs but the land actually in their possession is four Bighas ten Kathas and six Dhurs and as such separate jamabandi for the surplus land be created in the name of State of Bihar. The Assistant Superintendent of Survey, Respondent No. 3 after hearing the parties rejected the claim of Respondent No. 1 vide order dated 29.4.1986, annexure 2. The Respondent No. 1 preferred an appeal before the Superintendent of Survey, Respondent No. 2. The said appeal was dismissed on 25.7.1987, annexure-3. The Respondent No. 1 filed a petition for review after one year before the Superintendent of Survey reiterating its claim which was allowed vide order dated 23.8.1988, annexure-1.

(3.) A counter affidavit has been filed on behalf of Respondent No. 1 wherein stand has been taken that in fact the order, annexure-1 is not a review rather it is rectification of error committed by Respondent No. 2