SALO MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioners are aggrieved by issuance of Basgit Purcha for 0.08 acres of plot no. 75 pertaining to Khata no. 39, Mouza - Lowapidi, Circle - Silli, District -Ranchi in favour of respondent no. 4, Mostt Chhutu Mian Gorain. Settlement of land has been made in terms of provisions of Bihar Privileged Persons Homestead Tenancy Act 1947, which was enacted to make better provisions on certain subjects relating to the law of landlord and tenant in respect of homestead held by certain classes of persons in rural areas of the State of Bihar. Definitions: -

(2.) Learned counsel for the petitioner has urged that original respondent no.4 is owning more than 1 acre of land as per the submission made in para 13 of the writ petition. The copy of the khatian prepared in Bangla language and translated in Hindi is enclosed as Annexure -6 to the writ petition. However, on specific query made to the learned counsel for the petitioner, neither from the averments from the writ petition nor from the copy of khatian, it is shown that any land described therein was in the name of respondent no. 4 or her ancestor and was more than one acre.

(3.) State respondent have also defended the issuance of Basgit Purcha, so is the respondent no. 4 through her counsel by filing counter affidavit.