SONAHULA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. Petitioner is the second daughter of Shri Kam Kumar Dubey of village Lakhan Dehra, P.S. Dumraon, district Bhojpur. She was married to Shri Sarbdeo Upadhyaya in the year 1956. At the time of her marriage 4.48 acres land was gifted by her father in the Khoinchha. However, the gift was duly registered on 29 -7 -1970, The petitioner claims to be in cultivating possession of the land since the year 1956 after land was transferred to her at the time of her marriage. During Chakbandi operation in the year 1972, separate Chaks were allotted and Khatas were opened in favour of the petitioner.

(2.) It appears that in the year 1979, Land Ceiling Case No. 48 of 1979 was started against the father of the petitioner in which the land gifted to the petitioner was shown with the land of her father. Father of the petitioner filed objection in the land ceiling case to the effect that land of the petitioner has been wrongly tagged because since the day of her marriage in 1956 the land is in exclusive possession of her daughter of which separate Chaks have already been allotted to the petitioner in Chakbandi operation and also separate Khatas have been given. By order dt. 24 7 -1975 the Sub -Divisional Officer did not consider the case and annulled the gift -deed executed after 18 -4 -1963 as it was invalid and that the donee was not in possession. Father of the petitioner voluntarily surrendered in the year 1976 an area of 15 acres 45 decimals land to the State Government for distribution. On appeal filed by father of the petitioner before the Collector, the Collector remanded the matter to Sub -Divisional Officer for re -consideration after giving due notices to the petitioner. He further directed that inquiry regarding the possession of the land be made as to whether the donee is in actual possession of the lands or not and who is utilising the usufructs pursuant to the order of the Collector/Anchal Adhikari, Dumraon, held inquiry and submitted report dt. 7 -2 -1977 that the petitioner was in possession on the land in question. The Anchal Adhikari had clearly found that the petitioner was in actual possession of the transferred lands from the date transfer were effected in favour of the petitioner in the year 1956. It was also found that the petitioner was enjoying usufruct in getting rent receipts. Report of the Anchal Adhikari is Annexure -1 to the writ application.

(3.) The Sub -Divisional Officer, Buxar, completely ignored the above report of Anchal Adhikari, Dumaron and also ignored the entries in the Chakbandi records as ordered in the year 1977 and held that beneficiary was not in possession of the gifted lands and that the deed of gift should be annulled as there was merely paper transactions for which there was no material before him