LAKHI PRASAD SARAF Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) The present writ application was filed for restraining the respondents from distributing the lands of the petitioner, situated in Anchal Madhepura, Mauza Bhirkhi Dakhinbari, Thana No. 66.

(2.) On 12.12.1993 petitioner learnt of the proposal for distribution of his lands by the respondent-Collector to allegedly landless persons. His queries to the office of the Deputy Collector Land Reforms informed him that approximately 4 acres and 32 decimals of his lands were proposed to be distributed to allegedly landless persons under the Bhoodan Act. He approached the Collector contending that the lands in question are his Raiyati lands acquired pursuant to Partition Suit No. 10 of 1949 and the remaining lands had been purchased by him through registered sale deeds on 09.04.1964 and 22.10.1964. He had never gifted his lands or donated them under the section 10 of the Bhoodan Act. The question of any Jeevan Rai, mentioned in the Bhoodan register as owner of the lands and having donated them for distribution does not arise. Any such entry is fraudulent and forged. No publication was made under section 11 inviting objections. Petitioner subsequently also submitted a written query before the authorities in this regard and who on 15.12.1993 informed him that the lands appertaining to the description furnished by him did not figure in the Bhoodan register for distribution.

(3.) Learned counsel for the petitioner submitted that his right and title to the lands are absolute questioned by none. The communication sent by the Anchal Adhikari, Madhepura on 14.12.1993 to the Officer-in-Charge, Madhepura to be present during distribution of 4.32 acres of petitioner's land is, therefore, completely arbitrary and illegal.