LAL MUNI DEVI Vs. THE STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) This writ petition is directed against the orders as contained in Annexures 5, 6 and 7 to this writ application, i.e. the order dated 24.8.1977 passed by respondent No. 4, order dated 5.2.1980 passed by the respondent No. 3 and order dated 17.2.1981 passed by the respondent No. 2 respectively. The facts of the case lie in a very narrow compass. The petitioner allegedly took settlement of the lands in revisional survey plot No. 3401, Khata No. 1246 of village Udwant Nagar, Police Station Udwant Nagar, District Bhojpur by virtue of a "Mokarri Patta" executed in his favour by the Ex -landlord on payment of Salami and fixation of rent stipulated thereunder. It has been asserted in the writ petition that the Anchal Adhikari who is a competent officer to pass orders for entering somebody's name in the Jamabandi, passed an order on 7.4.1969 in favour of the petitioner directing therein that the petitioner's name be entered in the Jamabandi. The petitioner has further asserted that before the aforesaid order was passed there bad been a due publication of Amishtahar by the Anchal Officer and further a report was called for from the then Karamchari, and pursuant whereto a report was submitted on 25.10.1967. The aforesaid report is contained in Annexure -2 to the writ application.

(2.) It is further alleged that the aforementioned order which was passed in Case No. 40, 67, 68 was sought to be re -opened at the instance of the respondent No. 5 who prayed for an order of settlement of the land in question in his favour; in which proceeding an enquiry was made by holding a local inspection by the Anchal Nirikshak wherein also the petitioner's possession was found. Although in that proceeding the petitioner's possession was found as per the report of the Anchal Nirikshak dated 20th of September, 1972. The said report is contained in Annexure -3 of the Writ application.

(3.) It is alleged that despite the said orders and reports the respondent No. 5 filed an application before the higher authority, namely, the Deputy Collector Land Reforms without preferring an appeal against the orders passed by the Circle Officer.