DEOBRAT MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been preferred by petitioner against the order dated 12th October, 1993 passed by 2nd respondent in Misc. Revision No. 100 of 1991. The Commissioner, North Chotanagpur Division, Hazaribagh on the basis of application filed by 3rd respondent suo motu took up the matter and registered a Misc. Revision case No. 100 of 1991 and after notice and hearing the parties, set aside the appellate order dated 14th November, 1991 passed by Collector, Giridih in Giridih Appeal No. 30 of 1990 which was decided in favour of petitioner.

(2.) THE case of the petitioner is that his father late Prafulla Chandra Mishra got the land in question having plot No. 261, 262 and 263 under Khata No. 73 of village -Barmasia, P.S. and District -Giridih by raiyati settlement through a customary Hukumnama executed by Gaibi Nath Mishra, Ex -landlord on 18th Magh, 1341 Fasli, corresponding to the year 1934 A.D. His ancestors took possession and since then the predecessor in interest and thereafter the petitioner is in possession. The ancestors of petitioner paid the rent to the Ex -landlord till the vesting of intermediary interest under the Bihar Land Reforms Act, 1950 (for short B.L.R. Act, 1950). In the return submitted to the State of Bihar, names of the raiyat with their respective possession over the land, tank etc, were shown.

(3.) COUNSEL for the petitioner submitted that the Commissioner, North Chotanagpur Division, Hazaribagh had no jurisdiction to register a revision case on the basis of an application of a stranger i.e. 3rd respondent, who never claimed any interest over the land.