SUBHASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the connected writ petitions are being disposed of by this common judgment.

(2.) WRIT petitioner -Subhash Singh is aggrieved by the order dated 27.9.1996, passed by the Revisional Authority -Commissioner, by which he directed to demarcate the area where the actual building claimed by Subhash Singh stands along with a reasonable set off, and to restore the rest of the land in favour of Buchwa Oraon. It is further ordered that Subash Singh will pay compensation to Buchwa Oraon only for such demarcated area. Writ petitioner -Anil Linda is aggrieved by the same order to the extent that the Commissioner has not passed order in his favour in view of the fact that he purchased a portion of the land from Buchwa Oraon.

(3.) D .N. Singh and R. Singh justified their possession, on the basis of 'Chapparbandi' (Homestead) Settlement, and contended that Section 71A of the Act is not applicable to such settlement.