NIRANJAN MAHLI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the instant writ application, the petitioner prays for quashing the order dated 31.3.1990 (Annexure -4) passed by the respondent No. 4 in S.A.R. Appeal No. 2G -R 15/77 -78 whereby and whereunder he held that although from the papers and records it appeared that the lands had been transferred to the petitioners after taking permission under Section 49 of the CNT Act, yet it was not clear as to whether such a permission could have been granted to a private individual in relation to a 'Bhuinhari' land which could be transferred only for charitable and religious purposes. He accordingly remanded the matter to the respondent No. 3 for purposes of making a fresh enquiry and disposal in accordance with law. The petitioner is further aggrieved and prays for quashing the subsequent order dated 11.9.1995 (Annexure -5) passed by the respondent No. 3 in SAR case No. 69/76 -77 whereby and whereunder on the basis of a report of the Circle Officer, Lohardaga made over to him on 13.11.1992, directed restoration of land in favour of the respondent No. 6. The petitioner further prays for quashing of the order dated 9.7.1996 (Annexure -6) passed by the respondent No. 4 in SAR Appeal No. 17 K 15/95 -96 rejecting the appeal filed by the petitioners thereby confirming the order dated 11.9.1995.

(2.) ACCORDING to the petitioners Plot No. 1739 and 1744 are recorded in Khata No. 408 at Lohardaga as the 'Bakasht Bhuinhari' lands of one Phagua Pahan and others. The petitioners have stated that in the year 1946, the CNT Act provided that a Bhuinhari land holder will be required to obtain permission from the Deputy Commissioner before transferring the said land and, the Deputy Commissioner was given jurisdiction/discretion to grant permission for any 'reasonable and sufficient cause'. According to the petitioners, Section 49 of the Chhotanagpur Tenancy Act, 1908 (hereinafter referred to for the sake of brevity as the said Act), as is stood in the year 1946 was as follows : - -

(3.) THE petitioners have stated that after the said permission was granted by the Deputy Commissioner, Lohardaga, the grand mother of the petitioners purchased the said 3.52 Acres of land and paid the consideration amount of Rs. 4,200/ - to the recorded tenants whereafter, the lands were duly mutated in the name of the said grand mother. After her death, the name of the father of the petitioners was duly recorded as a tenant and he paid rent to the State of Bihar. After his death, the petitioner themselves have been paying rent. The photocopy of the sale deed along with photocopy of one such rent receipt are annexed as Annexure -2 and 2 -A appended to the writ application. From a perusal of the photocopy of the sale deed, it is apparent that case No. 20 R. (ii) of 1946 -47 is specifically mentioned therein which goes to show that the parties to the sale deed had duly incorporated the fact relating to the filing of the application for permission, which as per Annexure -1, was granted on 17.12.1947 as stated at paragraph 4(c) of the writ application,