IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7258 of 2009 MUNDRIKA PRASAD, SON OF LATE RAM LAKHAN PRASAD @ NUNU PANDIT, RESIDENT OF VILLAGE & P.O. DHANAUT, P.S. RUPASPUR, DISTRICT PATNA. --- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, PATNA 3. THE DEPUTY COLLECTOR LAND REFORMS, PATNA. 4. THE ANCHAL ADHIKARI, DANAPUR ANCHAL, DANAPUR, DISTRICT PATNA 5. JAGLAL CHOUDHARY, SON OF LATE SOKHI CHAUDHARY, RESIDENT OF VILLAGE & P.O. DHANAUT, P.S. RUPASPUR, DISTRICT PATNA. --- RESPONDENTS. ----------- 3 24.6.2010 This application has been filed for quashing the Purcha granted in favour of respondent no. 5 on 20.10.1979 (23.10.1979) vide Settlement Case No. 9 of 1979 so far it relates to the petitioner’s land. The facts are that the petitioner exchanged his lands with the lands of Khubsurat Kuer by a registered deed of exchange contained in annexure-1. By the aforesaid deed of exchange, the petitioner surrendered his land of Khata No. 8, Plot No. 2411 measuring 11 decimals and Plot No. 2280 measuring 5.5 decimals, whereas Khubsurat Kuer gave the petitioner land appertaining to Khata No. 443 Plot No. 2389 measuring 16.5 decimals, the boundary of which is north nij, south Rasta, East Kabristan, West Ram Ekbal Rai. Petitioner has remained in possession of the aforesaid lands since the date of exchange which is 12.6.1967 and his name is also recorded in the revenue records and he is paying rent to the State of Bihar. A counter affidavit has been filed on behalf of the State through the Circle Officer, Danapur in which it has been stated that Khata No. 443, Plot No. 2389 has a total area of 31 decimals. Therefore, 14.5 decimals of the land remained with the owner Khubsurat Kuer, which constitutes part of the land for which Purcha 2 has been issued to the private respondent. It has been further stated that the husband of Khubsurat Kuer namely Babu Ishwari Singh had gifted 19 acres of his land to the Bihar Government which includes Plot No. 2389. This Court neither believes nor disbelieves the statement in view of the fact that such gift to the State Government without a document or without any supporting material cannot be accepted as sacrosanct. In any event the facts that have emerged are that the petitioner is in possession and has title with respect to 16.5 decimals of Plot No. 2389 appertaining to Khata No. 443. This aspect is not disputed. It is, therefore, not clear as to how the State Government at paragraph 8 has taken a plea that the petitioner is in illegal possession which is quite contrary to the earlier statements at paragraph 6. Since the deed of exchange is not disputed being a registered document, and the fact that the petitioner is in possession is also not in dispute in view of the fact that the petitioner has been paying rent to the State of Bihar continuously, it would be proper for the State Government to modify the Purcha issued to the respondent no. 5, specially in view of the statement made at paragraphs 9 and 10 wherein it has been stated “That it is also reiterated and clarified that after the aforesaid exchange, Smt. Khoobsurat Kuer remained in ownership of the remaining land of Khata No. 443, Plot No. 2389 and this is the Parcha land for which Jamabandi of respondent no. 5 namely Jaglal Choudhary has been created vide Jamabandi No. 26(A) and also rent receipt has been issued upto 2008-09 in the 3 name of Jaglal Choudhary (Respondent No. 5). That therefore in view of the aforesaid facts and circumstances that parcha granted to respondent no. 5 against the remaining land of Plot No. 2389, Khata No. 443 is absolutely legal but the petitioner’s possession over the said remaining land is thoroughly unlawful.” I see no cogent reason for the Circle Officer to hold that the petitioner is illegally in possession of the rest of the lands. This is nothing but a mischievous act. The State can only claim those lands which are belonging to the State of Bihar or otherwise have been gifted to the State of Bihar. This application is allowed to the extent mentioned aforesaid. Sanjay (Sheema Ali Khan, J.)