RAUDI SAH Vs. STATE

JUDGEMENT

(1.) THIS writ petition has been preferred by the landlord and is directed against the order passed on 14 -9 -1983 by the Anchal Adhikari, Triveniganj, (Annexure -1), whereby the application of respondent No. 3 herein (Rajeshwar Sah) under the Bihar Privileged Persons Homestead Tenancy Act, 1947 (hereinafter referred to as 'the Act'), has been allowed, and Parchas have been directed to be issued in favour of the latter.

(2.) THE facts of this case make an interesting reading. Respondent No. 3 herein (Rajeshwar Sah) had filed an application dated 5 -4 -1983 (Annexure -2) under the Act, before the Anchal Adhikari, Triveniganj, praying therein that he has constructed his house on Plot No. 5082, appertaining to Khata No. 240, covering an area of 8 decimals, and fully described in his application, and that he may be declared to be a privileged person and privileged tenant with respect to the said land within the meaning of the Act. The Halka Karmachari examined the application (Annexure -2), and submitted his report dated 5 -4 -1983 (Annexure -3), wherein he stated that respondent No. 3 herein has been living in his house constructed on the land in question for more than twelve years. He is a landless person, and he may be declared to be a privileged person within the meaning of the Act. As is manifest on the very face of it, the application (Annexure -2) is dated 5 -4 -1983, and the enquiry report (Annexure -3), is of the same date, and is based only on a perusal of the application (Annexure -2), without a local inspection. The Anchal Adhikari passed the impugned order dated 14 -9 -1983 (Annexure -1) whereby he accepted the report of the Halka Karmachari, and directed for issuance of Parcha in favour of respondent No. 3 herein.

(3.) MR . K.P. Yadav, learned S.C. has made his own submissions in opposition.