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2013 DIGILAW 1404 (PAT)

Lakhi Prasad Saraf v. State of Bihar

2013-12-06

NAVIN SINHA, SHAILESH KUMAR SINHA

body2013
Navin Sinha, J. – 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. 4. The writ application was filed on 20.12.1993. Interim orders of restrain were passed on 22.12.1993. Till today no counter affidavit has been filed on behalf of the State. 5. Learned counsel for the State prays for further adjournment to seek instructions. 6. At this belated point of time, we are not inclined to grant that indulgence to the State when it has had more than sufficient time for the purpose. 7. Applying the principles of non-traverse, the information furnished to the petitioner by the Anchal Adhikari on 15.12.1993, the order dated 14.12.1993 of the Anchal Adhikari, Madhepura is set aside insofar as it relates the lands of the petitioner. 7. Applying the principles of non-traverse, the information furnished to the petitioner by the Anchal Adhikari on 15.12.1993, the order dated 14.12.1993 of the Anchal Adhikari, Madhepura is set aside insofar as it relates the lands of the petitioner. The respondents are restrained from interfering with the enjoyment and possession by the petitioner of his lands in question except in accordance with law. 8. The writ application is allowed.