Patna High Court - Orders
Phudan Singh And Anr vs The State Of Bihar And Ors on 4 April, 2019
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17706 of 2017
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1. Phudan Singh, Son of Ram Sundar Singh
2. Ram Shanker Singh son of Late Ram Lakhan Singh
Both are residents of village Bihat, Tola Gurudaspur, P.S. Barauni, District
Begusarai.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector-cum-District Registrar, Begusarai.
3. The District Sub-Registrar, Begusarai.
4. The D.C.L.R. Begusarai.
5. The Circle Officer, Barauni.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Hare Krishna Prasad
For the Respondent/s : Mr. Sangha Mitra Ghosh, AC to GP-15
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
3 04-04-2019A supplementary affidavit has been filed on behalf of the petitioners alongwith which photostat copy of the zamindari return, which, according to the petitioners, is dismissed for creation of jamabandi, has been brought on record.
There is a typographical error in the order dated 15.03.2019, wherein jamabandi has been typed in place of 'zamindari'. The said order, dated 15.03.2019, be read accordingly.
It is the grievance of the petitioners that they are raiyats of the land appertaining to khata no. 458, khesra no. 4064 and Patna High Court CWJC No.17706 of 2017(3) dt.04-04-2019 2/3 4329 situate at Mauza-Simariya, Thana No. 500 at Barauni in Begusarai. They want to alienate their said land.
A counter affidavit has been filed on behalf of the respondent-State of Bihar stating therein that the claim of the petitioners of being raiyat, was being examined and correctness of jamabandi in the name of father of the petitioner no. 1, was also being inquired into. In the process of said inquiry, it was learnt that a zamindari return had been the basis for creation of jamabandi in favour of the father of petitioner no. 1, but there was no zamindari return available on record. It has been stated in paragraph 9 of the counter affidavit that the absence of a copy of zamindari return on record creates doubt about the genuineness of mutation in the name of father of the petitioner.
In view of the said stand taken on behalf of the State- respondents, the petitioner was allowed to file a supplementary affidavit, bringing on record a copy of the zamindari return.
A supplementary affidavit has been filed, as has been indicated above. According to the petitioners, Annexure-8 to the said supplementary affidavit is a copy of the zamindari return, which was the basis for creation of jamabandi in the name of father of petitioner no. 1.
In view of the stand taken on behalf of the petitioners Patna High Court CWJC No.17706 of 2017(3) dt.04-04-2019 3/3 in the supplementary affidavit, this writ application is disposed of with a liberty to the petitioner to produce the original copy of zamindari return before the Sub-Divisional Officer, Begusarai, to make out his claim that the jamabandi was rightly created on the basis of zamindari return.
It goes without saying, that if everything is found in order, the petitioners should not be put to any undue harassment or obstruction in alienation of the property, in question.
(Chakradhari Sharan Singh, J) Ashish/-
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