M.Y.EQBAL, J. - (1.) IN this writ application the petitioner has prayed for quashing the final publication made under Sec.15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961.
(2.) PETITIONERS ' case is that against the ex -landlord namely, Maharaja of Jharkhand Raj a ceiling proceeding was initiated under the aforesaid Act being Ceiling case No. 408 of 1973 -74 and in the said proceeding final publication was made under Sec.15(1) of said Act, illegally declaring the lands of plot No. 2770 and 2771, Khata No. 2 measuring area of 0.39 decimals of the said landlord/land holder. Petitioners ' case is that aforesaid land was settled with the petitioner as far back as in 1942 by sada hukwnnama followed by acceptance of salami and grant of rent receipts. The State of Bihar granted rent receipts. Copies of both the hukwnnama and the rent receipts have been annexed as Annexures -2 series to the writ application. The respondent State, in their counter affidavit, have denied and disputed the settlement of land by the ex -landlord in favour of the petitioner by sada huktim -nama. The respondents have seriously disputed the genuineness of the hukumnama and the rent receipts. It is stated that after vesting of jamindari under the Bihar Land Reforms Act, the ex -landlord submitted returns and the petitioner was never shown as raiyat in respect of the said plot. It is further stated that petitioner 'sname was never entered in Register -II, tenants ' ledger maintained by the State of Bihar.
(3.) LEARNED counsel for the petitioner mainly relied upon the decision of a Division Bench of this Court passed in CWJC No. 184 of 1997 (R) and submitted that in similar circumstances declaration of land under Sec.15 (1) of the said Act, has been set aside.;