LETTERS PATENT APPEAL NO.1223 OF 2001 ------- Against the order dated 12th September 2001 passed in C.W.J.C.No. 4961 of 1099. - - - - - JHAMNI DEVI & ORS------------------------- Appellants. Versus THE STATE OF BIHAR & ORS------------- Respondents. -------- For the appellants : Mr.Sarvendu Kumar Verma, Adv. For the Respondent nos.5 to 9:Mr.Arjun Pd.Keshri,Adv. ----------- P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH. THE HON’BLE MR.JUSTICE CHANDRA MOHAN PRASAD. Barin Ghosh & C.M.Prasd,JJ Section 14 of the Bihar Bhoodan Yojana Act 1954 makes it clear that the grantee of the land shall acquire the same right, title and interest as doner had in such land. In the instant case, the land is said to have been donated by Maharani Giriraj Kumari Rajmata, Giddor, widow of Late Maharaja Bahadur Chandrachur Singh to Sri Acharya Binoba Bhave on 7the September 1953 as is evidenced from the photo copy of Bhyoodan Yojana Dan-Patra dated 7th September 1953. The private respondents have contended that the doner had no right, title and interest in the land in question immediately before 7th September 1953, inasmuch as the land in question was situate within the Estate of Giddor which was then under the court of wards. In the event doner of the land in question had no right - 2 - title and interest in the land in question, grantee of such land from Bhudan Yojana Committee acquired no right, title and interest in the land in question. This is a question of fact, whether the doner had right, title and interest in the land in question. There is no acceptable evidence like the then record of rights suggesting that the land in dispute was the personal property of the doner and at the same time, there is no dispute the Estate of Giddor was then under the court of wards. Under the circumstances, the writ court instead of allowing the writ petition filed by the appellants, donees of such land, and thereby deciding the issue as to the entitlement of the doner in the land in question, which can only be established by leading evidence, we think, has rightly dismissed the writ petition giving liberty to the parties to establish their title by leading evidence before an appropriate court of law. We, accordingly dismiss the appeal. There shall be no order as to costs. Jay/ (Barin Ghosh,J) (C.M.Prasad,J) Patna High Court, Dated – 31st July 2008, NAFR/