JAGDISH CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this petition under Articles 226 & 227 of the Constitution of India, petitioners have assailed the validity of the ORDER :of the Superintendent of Municipal Survey (respondent no. 2) dated 31.8.97, contained in Annexure -5, whereby, Appeal Nos. 3 and 4 of 1984 were dismissed and Appeal No. 27 of 1984 was partly allowed. A prayer has also been made to quash the ORDER :s of the Assistant Superintendent of Municipal Survey (respondent no. 3) contained in Annexure -4, whereby and whereunder, he has' rejected the objections, filed by the petitioners for opening khata after making necessary correction in the survey entry.

(2.) THE case of the petitioners is that originally on 30.1.1932 Pratap Chandra Choudhary and Domi Choudhary executed registered Patta No. 336 in favour of late Jaduni Choudhary (father of the petitioners) with respect to C.S. Khata No. 425, C.S. Plot No. 2070 area 8 Kattha and put him in possession. Thereunder, in the year, 1941 -42 cess valuation return was submitted to the State Government by the Ex -Landlord in the name of Tetar Choudhary, grand -father of the petitioners and with respect to 34 Decimals rent was fixed. Even the Ex -Landlord had also granted rent receipts with respect to 8 kattha which is the subject matter of dispute.' The Saharsa Municipality also created Holding No. 497 in the name of the petitioners' father and granted rent receipts from 1963 to 1967. The building plan for construction of the house was also approved on 14.5.1968 by the Municipality over. Plot Nos. 2071 and 2070 and thereafter, the house in question was constructed. Even during the revisional survey proceeding, new plot nos. 8 760 and 761 (in part 'ka' to 'JA') were found in possession of the petitioners as their homestead.

(3.) THE claim of the contesting respondent no. 4 as would appear from the materials on record, is that one Ram Prasad Sao acquired 2 kattha and 19 Dhurs of land in C.S. Plot No. 2063 and 2071 through a registered Patta No. 258, dated 16.12.1912 from the Ex -landlord. He further acquired 5 kattha of land in those very plots through settlement in the year, 1929, total. altogether 7 kattha 19 Dhurs. Ram Prasad Sao had two sons, Jageshwar Sao and Dularchand Sao. After the death of Ram Prasad Sao, his two sons disposed of 5 kattha of land to one Bakur Sao through a registered sale deed on 4.7.1934 and remaining 2 kattha and 19 Dhurs were sold on 10.1.1936 to one Banshidhar Prasad. Saku Sao subsequently sold 5 kattha of land to Laxmidhar Prasad. Respondent no. 4 further claims that the aforesaid Banshidhar Prasad and Laxmidhar Prasad executed a sale deed no. 664 dated 11.12.1941 with respect to 7 kattha 19 Dhurs of old plot nos. 02063. 2070 and 2071 in favour of Late Desh Ratna Dr. Rajendra Prasad (the Chairman of the Provincial Congress Committee, Bihar). It is stated even the Ex. Landlord had also submitted return in the name of Dr. Rajendra Prasad at the time of abolition of Jamindari and accordingly Jamabandi No. 91 was created in his name. The claim of respondent no. 4 is that later Dr. Rajendra transferred the land in question through a letter dated 5.5.1951 in the name of 'District Congress Committee', Saharsa, and ultimately the said committee by a resolution, dated 16.1.1972, transferred the land in favour of respondent no. 4 (Binoba Ashram), which is the basis of the claim of respondent no.