GOPAL CHANDRA PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) It appears from the office report that notice issued to the Respondent No. 4 has been served upon him though he has not appeared either in person or through lawyer today.

(2.) The petitioner in this writ application has prayed for a direction upon the concerned authorities of the respondents to cancel the settlement of Pathardin Tank appertaining to Plot Nos. 211 and 212 under Khata No. 54 measuring an area of 4.17 acres which was made in favour of the Respondent No. 4 and to settle the same in favour of the petitioner. A further prayer has been made for quashing the demand notice dated 05.11.2003 (Annexure-4) issued by the Respondent No. 3, by which the petitioner has been demanded to make payment of Rs. 2,650/-.

(3.) The petitioner's main contention in this writ application is that the water of the tank under reference is used basically for cultivation of agricultural products in the lands belonging to the petitioner and his co-sharer. Such lands are located on the embankment of the tank and therefore the tank is deemed to be Raiyati in nature as per the observations contained in the Division Bench judgements of the Patna High Court reported in AIR 1982 (Patna) page 216 and in AIR 1979 (Patna) Page 106. Since after coming into force the Bihar Land Reforms Act and in view of the provisions of Sections 4, 5 and 6 of the Act, the tank has been shown as having vested in the State of Bihar. The Anchal Adhikari of the concerned area used to settle the land in favour of the ancestors of the petitioner and vide Settlement No. 21/92-93, the tank was settled in favour of the petitioner also and pursuant to the order of settlement, the petitioner had been paying rent and royalty in respect of the tank. The last such settlement was made in favour of the petitioner for a period of ten years commencing from 1994 up to March, 2003. the petitioner was therefore entitled to a renewal/fresh settlement in his favour for further period.