DIP NARAIN GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition was initially filed for quashing the impugned notices issued by Respondent Nos. 3 and 4, as contained in Annexures 1, 2 and 3 series. But during the pendency of this case by the order of the Deputy Collector, Land Reforms, dated 25.2.1989, as contained in Annexure 8 to the supplementary affidavit settlement of the lands in dispute was cancelled, therefore, a prayer has also been made to quash that order.

(2.) Since the case has a chequered (sic) therefore, before adverting to the questions raised for determination, it would be apt to have a brief survey of some of the facts. The lands bearing khata No. 344 appertaining to plot numbers 5171, 5172, 5176, 5179 and 5181 originally belonged to Kunda estate, the ex landlord. The nature of the land as recorded in the records of right was gairmazarua malik. The case of the Petitioners is that in the year 1922, the ex landlord settled these lands in the name of late Rameshwar Giri and Dwarika Giri, who were ancestors of the Petitioners. The ex landlord realised rent by granting parcha until the vesting of the estate. Thereafter, in the Zamindari return, the names of the settlees were also shown and accordingly, the State of Bihar opened jamabandi in their names and granted rent receipts regularly. Several litigations and proceedings under Sections 144 and 145 of the Code of Criminal Procedure, demand cases including different title suits bearing Nos. 2, 3 and 27 of the year 1954 and last one, bearing T.S. 28 of 1978, filed for some of the plots in the suit land, were decided on different occasions from time to time and the case of the Petitioners regarding settlement by the ex landlord and their continuous possession etc. were affirmed. Even the State Government also in the written statement filed through the Collector, Aurangabad in T.S. 28 of 1978 had accepted that the plots involved in the said suit were settled by the ex landlord in favour of Rameshwar Giri and Dwarika Giri and accordingly, the suit was decreed by the judgment and decree contained in Annexure 6.

(3.) It has been alleged that in spite of the aforesaid litigations, a proceeding for cancellation of the settlement was initiated against the Petitioners under Section 4(h) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the Act) bearing case Nos. 27 of 1976-77, 29 of 1976-77, 30 of 1975-76, 31 of 1976-77 and 50 of 1977-78. But ultimately, having appreciated the actual state of affairs, the DCLR, dropped the proceedings by his order dated 28.1.1978 holding that jamabandi of the disputed land would continue in the name of the writ Petitioners since the settlement in question was made by the ex landlord prior to 1.1.1946.