RAM SAGAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. A.N. Deo, learned counsel for the Petitioner, Mr. Manjul Prasad, who states that he is appearing in this case for the State -respondents after having obtained consent of Mr. Pradip Modi, learned Government Pleader No. 1; and Mr. S.K. Sharma, learned counsel for respondent Nos. 3 and 4.

(2.) THE petitioner prays for issuance of a writ of mandamus commanding the respondents to explain and show cause as to why action was taken by the respondent No. 2 under the provisions of Bihar Pivileged Persons Homestead Tenancy Act, 1947 (hereinafter referred to for the sake of brevity as the said Act) and as to why parchas were granted to the respondent No. 3 and 4 from out of the raiyati land of the petitioner. The petitioner has also prayed that the said purchas be quashed and/or cancelled inasmuch as according to the petitioner, the respondent No. 2 (Circle Officer) had no jurisdiction to grant purchas in respect of the petitioner's raiyati land in favour of the respondent Nos. 3 and 4, who, according to the petitioner, are not privileged persons within the meaning of Section 2(1) of the said Act. The petitioner further makes a grievance that the respondent No. 2 has resorted to a peculiar action inasmuch as while granting purchas to the respondent Nos. 3 and 4, he has, by reason of the impugned order dated 17.5.1994 as contained at Annexure 3, has ordered 'reduction' of the land to the extent of 0.21 decimals from 1.28 acres of land which the petitioner had purchased way back in the year 1945.

(3.) THE facts as stated in the writ application and which are relevant to be noted are that on 8.7.1945 the petitioner's father (Late Choudhary Nirmal Prasad Singh) purchased 1.28 acres of land situated on Khata No. 38 appertaining to Plot Nos. 380, 390. 642 and 643. The photocopy of the certified copy of the registered sale deed No. 441 has been marked Annexure 4 to the writ application.