JAINATH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. T.N. Jha, learned counsel for the petitioner; Mr. Atanu Banerjee, learned Junior Counsel to the. Government Advocate for the State - Respondents and Mr. Arjun Narayan Deo, learned counsel for the respondent Nos. 4 to 7.

(2.) THE Writ Petitioners has challenged the final order dated 27.04.1993 passed in Land Restoration Case No. 129 of 1992, whereby and whereunder the Land Reforms Deputy Collector, Ramgarh passed an order direction the Circle Officer to ensure possession of the first party, namely respondent Nos. 4 to 7.

(3.) FROM the submissions made in the Writ Petition, it has been contended inter alia that 1.47 acres of land in khata No. 102 of plot No. 1530 at Village Beyang; P.S. Ramgarh belonged to the ancestors of the respondent Nos. 4 to 7. According to the petitioners, there ancestors surrendered the lands by a registered deed dated 11.06.1947 to the ex -landlord. A certified copy of the deed of surrender has been brought on record vide Annexure 2 to the Writ Application. After the surrender, the petitioner has stated, that the land was then settled by the landlord in favour of the father of the petitioner, namely. Thakur Mahto by a sada hukumnama dated 31.03.1949. Subsequently, the name of the petitioners father was duly mutated and rent receipt were granted and the petitioner relies upon Annexures 4 and 5 in support of the aforesaid contention.