DWARIKA MANDAL @ DWARIKA SUNIL Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the present writ application the petitioner has prayed for quashing the letter dated 9.12.1996 as contained in Annexure -6 to the writ application, issued by the Deputy Commissioner, Giridih to the Joint Secretary to the Government of Bihar, Revenue and Land Reforms Department, Patna whereby, on the basis of the enquiry report dated 1.9.1984, of the then Joint Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna remanding the case to the Court of Land Reforms Deputy Collector, Giridih for fresh hearing of the case i.e. State of Bihar V/s. Sri Sobhi Sundi and Ors. under Sec. 4(h) of the Bihar Land Reforms Act, 1950 , with respect to the lands of in plot No. 904 area 38 decimals and plot No. 905 area 3.19, acres total area 3.56, in village Kharkho, P.S. Jamua, District Giridih and also the order dated 13.12.1996 as contained in An -nexure -7 passed the Land Reforms Deputy Collector, Giridih who consequent to the order passed by the Deputy Commissioner, i.e. Annexure -6, issued notices to the parties.

(2.) THE case of the petitioner is that the plot No. 904 bears an area of 38 decimals which is a part of Khata No. 36 of village Kharkho was recorded as "Bhind" In the records of rights published in the year 1935, whereas the plot No. 905 which is also a part of Khata No. 36 was recorded as "Ahar" in the said record of rights. Accordingly to the petitioner, the above lands. were changed their character after publication of record of rights while the then landlord submitted his return at the time of vesting of estate on 20th March, showing the aforesaid land as "Dhankhet". The then land lord sold one half portion of the above lands to one Etwari Mahato and one half to Somar Sundi. Etwari Mahato sold his one half share of the aforesaid plot i.e. 904 and 905 to Nagesdhwar Mandal and Dwarika Mandal by a registered sale deed dated 11.6.1969 and accordingly the purchasers came in possession of the aforesaid lands purchased by them.

(3.) THEREAFTER at the instance of the State Government a proceeding under Section 4(h) of the Bihar Land Reforms Act, 1950 , was initiated in respect of the aforesaid lands before the Land Reforms, Deputy Collector who by his order dated 26.12.1985 held that the proceeding is not fit to continue as the lands in question were Raiyati Lands of the purchasers and the provisions of Sec. 4(h) of the Bihar Land Reform Act, 1950, is not applicable. The said order of the Deputy Collector, Land Reforms has been annexed as Annexure -4 to the writ application.