ASHOK KUMAR NAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application, the petitioner has challenged the order dated 10.11.1995 passed by the Sub -Divisional Officer, Dumka in Rev. Misc. Case No. 149/1989. 90 contained in Annexure 6 whereby, the respondent No. 5 was allowed to retain the possession of land measuring 1 Katha and the hut constructed over it and also to retain possession of the adjacent 2 Bigha of Parti land for her livelihood. The petitioner has further challenged the order dated 15.7.1998 (Annexure -7) passed by the Deputy Commissioner, Dumka in appeal against the order of the Sub - Divisional Officer, Dumka, whereby he dismissed the appeal and directed the Sub - Divisional Officer, Dumka, to issue Parcha in favour of the respondent No. 5 Barki Baski under the provisions of the Bihar Privileged Persons Homestead Tenancy Act, 1947. The petitioner has also challenged An -nexure -8 which was passed by the Halka Karamchari issuing Parchas in Favour of the respondent No. 5 pursuant to the order passed by the Sub -Divisional Officer, and the Deputy Commissioner contained in An -nexures -6 and 7 mentioned above.

(2.) THE case of the petitioner is that the land appertaining to Mauza Bandarjori within Ward No. 16 of Dumka Municipality appertaining to Dagg No. 6, Khata No. 75/2 area measuring 12 Bighas 7 Kathas 18 Dhurs falls within the Municipal area of Dumka Municipality and it was recorded originally in the name of St. John Daly as "Basaurhi Raiyat". The said St. John Daly executed a Will on 10.4.1938 in favour of his wife Mrs. Emily Martha Daly. After the death of St. John Daly, his widow Mrs. Emily Martha Daly got the Will probated from the Court of District Judge vide order dated 17.6.1939 and thereafter, she came in exclusive possession of those lands including the building and structures standing thereon and she started paying rent to the then land lord. She transferred the aforesaid lands and buildings by registered deed of sale dated 15.2.1944 in favour of the father of the petitioner namely Ajay Singh Nahar, who came in possession thereof after the said transfer of the land in his favour and he started paying rent. After the death of Ajay Singh Nahar, the petitioner inherited the aforesaid land and building and was paying rent to the ex -landlord and after vesting, to the State of Bihar and also to Dumka Municipality. The name of the petitioner was entered in Register -II maintained in Circle Office.

(3.) THE further case of the petitioner is that since the said property was located in a prime location just adjacent to the Bungalow of the Deputy Commissioner and therefore, that attracted some greedy eyes and under a calculated move, in order to grab the petitioners property, the respondent No. 5 was used by those vested interest as an instrument and thereby, the vested interest succeeded in getting an application filed before the Sub -Divisional Officer, Dumka, by the respondent No. 5 wherein she claimed the entire area of the land in question, which was registered as Revenue Misc. Case No. 149/1989 -90. The petitioner was noticed by the Sub -Divisional Officer, in response of which he filed its reply.