IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12121 of 2007 Gholat Sharma son of Kokan Sharma, resident of Village Itahari, Police Station Janki Nagar, District-Purnea ---------- Petitioner. Versus 1. The State of Bihar 2. The Sub-Divisional Officer, Banmankhi, Purnea 3. Circle Officer, Banmankhi, Purnia 4. Ram Nagina Singh 5. Krishna Singh, both are sons of Mangal Singh, resident of Village and P.O. Ghopra, District Purnia 6. Bishundeo Sharma, son of Ramu Sharma 7. Musafit Das, son of Bala Das, both are resident of Village Itahari, Police Station Janki Nagar, District Purnea --------- Respondents. ---------- 2. 19.2.2009 Heard Mr. Manoj Kumar for the petitioner, and learned Assistant Counsel to Government Pleader No. 22. It relates to the land of Khata No.817, Plot No. 3917, area 8 decimals, Khata no.818 Plot No.3961, area 6 decimals and Plot No.3941, area 76 decimals, situate in village Sahuria Sumai, Police Station- Janki Nagar, District, Purnea. This writ petition is directed against the order dated 5.6.2000 (Annexure-2), passed by the learned Sub Divisional Officer, Banmankhi, Purnea, in Revenue Appeal Case No. 5 of 1997-98 (Bishundeo Das & Ors. Vrs. Gholat Sharma & Ors.), whereby he has allowed the appeal preferred by respondent nos. 6 and 7, and has directed that 38 decimals of land of Sikimi Khata No.259, Kheshra No. 3941, area 0.76 decimals, Kayami Khata No. 818, shall be recorded in the name of respondent nos. 6 and 7, and the rest of 38 decimals shall be recorded in the name of the petitioner herein. The petitioner herein filed an application under the provisions of the Bihar Tenancy Act(hereinafter referred to as the Act), which was registered as Case No. 107 of 1996-97, for declaration of 2 Kayami rights with respect to the land of Khata No.817, Plot No. 3917,area 8 decimals, Khata No.818, Plot No.3961, area 6 decimals, and plot no.3941, area 76 decimals, situate in village Sahuria Sumai, Police Station Janki Nagar, DistrictPurnea. The petitioner claims to be under-raiyat having occupancy right on the basis of revisional survey Khata. His application was allowed. Aggrieved by this order, respondent nos. 6 and 7 preferred appeal which has been allowed by the impugned order on the ground that respondent nos. 6 and 7 have acquired right, title and interest with respect to 38 decimals from the aunt of petitioner’s uncle by registered deed of absolute sale. The impugned order can not, therefore, be faulted. The writ petition is dismissed. Vinay/ ( S. K. Katriar ,J. )