PHULWARISHARIF, PATNA, THROUGH ITS SECRETARY, ABDUL AZIZ SON OF LATE HAKIM MD.SHARFUDDIN Vs. STATE OF BIHAR THROUGH ITS CHIEF SECRETARY

JUDGEMENT

(1.) The petitioner is aggrieved by the order of the Deputy Collector Land Reforms dated 21.06.2001 by which he has ordered that the name of the respondent should be entered in the revenue records. The order was confirmed by the Collector, Patna vide order dated 21.06.2007.

(2.) The case of the petitioner is that the land in question belongs to Dasrath Mahto which had come to the possession of the Indian Hume Pipe Company (hereinafter referred to as the Company). The company went into liquidation and one of its Officer bearers Jay Kishun was authorized and given the Power of Attorney to sell the lands in question. One Durga Singh purchased 2 kathas 1 dhurs of land from Jay Kishun on 14.11.1967. Dasrath Singh sold the lands to his sister Fulmati Devi. Ultimately, the petitioner purchased the land measuring 3 decimals, which is the subject matter of dispute before this Court from Fulmati Devi.

(3.) The case of the respondent, on the other hand, is that Jay Kishun sold the land by SADA document for Rs. 500/- to respondent No. 4, namely, Deo Sahai Rai in the year 1962. Deo Sahai Rai on the basis of the aforesaid document, has claimed that he came into possession over the lands. Deo Sahai Rai filed an application before the Circle Officer for mutating his name in the records of right. Notices were issued to the petitioner, however, the Circle Officer did not pass any order, rather he sent the records to the Deputy Collector Land Reforms, Sadar for disposal. The Deputy Collector Land Reforms, Sadar by order dated 21.06.2001 has allowed the application of the Deo Sahai Rai on the basis of an enquiry held by him.