MAHANAND LAL KUMHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS letters patent appeal is directed against the order dated 19.09.2006 passed by the learned Single Judge in C.W.J.C. No. 2323 of 1998(R), whereby the leaned Single Judge rejected the prayer of the petitioner -appellant to quash the notice under which the pond in question was sought to be settled.

(2.) LEARNED counsel appearing for the appellant submits that the pond, in question, was settled by a Hukumnama dated 09.03.1935 to the father of the petitioner. Subsequently, upon the rent being fixed, the same were being paid, but the respondents -State without annulling the settlement of the land under the provisions of the Bihar Land Reforms Act, 1950 put the said pond on auction, which was challenged before this Court on the ground that the respondents -State without giving notice for annulment of the settlement in terms of Sections 4 (g) and 4 (h) of the Bihar Land Reforms Act (hereinafter referred to as the Act) has put the pond on auction, but the learned Single Judge without considering the case from that angle dismissed the writ application by holding that the disputed question of right, title and interest cannot be decided in this writ application and hence the petitioner -appellant has preferred this appeal. 2005 (1) JLJR 355.

(3.) UNDER the situation, learned Single Judge has rightly held that in the facts and circumstances, the provision of Sections 4 (g) and 4 (h) of the said Act does not get attracted. So far the decision referred to above on behalf of the appellant is concerned, that is not applicable in the facts and circumstances, as in that case issue, which was involved, was that whether the transfer effected was for the purpose of defeating the provisions of the Bihar Land Reforms Act or not. Thus, we find no reason to differ with the findings arrived at by the learned Single Judge. Accordingly, this appeal, being devoid of any merit, is dismissed.