CIVIL WRIT JURISDICTION CASE No.7462 OF 1990 In the matter of an application under Articles 226 and 227 of the Constitution of India ------- 1.(a) SUDARSHAN JHA S/O RAM PRASAD JHA OF VILLG- KUHRA (CHAKLA RATANPURA, PO. KAHRA, PS. SAHARSA, DISTT. SAHRSAS---- -------PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH SECRETARY LAND REFORMS AND REVENUE, GOVERNMENT OF BIHAR 2. THE ADDL. COLLECTOR, SAHARSA 3. LAND REFORMS DEPTY COLLECTOR, SAHARSA 4. SOBHA KANT JHA S/O LATE DAMODAR JHA 5. MANOJ KUMAR JHA 6. GHANSHYAM JHA 7. RAJ KUMAR JHA 8. SANTOSH KUMAR JAH, ALL S/O LATE TIRPIT JHA U/G OF HIS MOTHER ASHA DEVI 9. ASHA DEVI WIFE OF LATE TIRPIT JHA 10. RADHAKANT JHA 11. ARJUN JHA 12. AMRENDRA JHA, ALL S/O LATE HARINANAN JHA 13. SATYANARAIN JHA 14. BIHAY NARAIN JHA 15. SHYAM NARAIN JHA S/O HARIBALLABH JHA 16. PARMESHWAR JHA S/O LATE BHUBNESHSAR JHA 17. JAGESHWAR JHA S/O LATE BANSH NARAIN JHA 18. GAGADHAR JHA S/O LATE KAMLAKANT JHA 19. SHANKAR JHA 20. JATA SHANKAR JHA BOTH S/O LATE THAKAN JHA 21. MAHESHWAR JHA S/O LATE SUBODH NARAIN JHA 22. PURANDHAR JHA S/O LATE SUBODH NARAIN JHA 23. PRATAP GOPE S/O LATE CHHATHU GOPE 24. MOST. MUSAHARNIA W/O LATE RAMADHIN GOPE 25. PREM GOPE 26. NARAIN GOPE 27. LAKHAN GOPE 28. LAXMI GOPE, ALL S/O LATE SUNDAR GOPE 29. MADAN TANTI S/O LATE MOUJI TANTI 30. THAKAY DAS 31. BANKAY DAS BOTH S/O LATE BHAYLAL TANTI 32. LAXAMESHWAR JHA S/O LATE MAKSUDAN JHA 33. RAM NARAIN JHA S/O LATE LUXMI NARAIN JHA 34. BUCHI DAY W/O LATE BUDHI NATH JHA 35. HIRA DAY W/O SAHDEO JHA 36. PITAMBER JHA S/O LATE ANANDI JHA 37. RAMCHANDRA JHA 38. SAROBAR JHA 39. JAGDISH JHA S/O LATE NILAMBER JHA 40. TRIVENI DEVI W/O LATE NILAMBER JHA 41. BACHAN JHA S/O LATE DIGAMBER JHA 42. JAGESHWAR SAH 43. NATHUNI SHA S/O LATE BIJALI SAH 44. MASOMAT KAILI W/O LATE KAILU SAH 45. RAMESHWAR JHA S/O LATE CHITRADHAR JHA 46. DORIK TANTI S/O LATE SANDEO TANTI, ALL R/O VILLAGE & PO- KAHRA, PS. & DISTT.- SAHARSA 47. BHADAI SAH S/O LATE GHURAN SAH 48. PULKIT SAH S/O LATE NEMANI SAH 49. RAMCHANDRA SAH S/O LATE PUHUP SAH - 2 - 50. UPENDRA SAH S/O LATE PUHUP SAH 51. UMESH SAH S/O PUHUP SAH 52. GANESH SAH S/O LATE BINO SAH, ALL R/O VILLAGE- NARIYAR TOLA BAINGAHA PS,. & DISTT. SAHARSA 53. INDRADEO PRASAD SINGH S/O LATE NAGESHWAR PRASAD SINGH OF VILLAGE AND PO –RAHUWA MANI, PS. SAHARSA, DISTT.- SAHARSA-------------------- RESPONDENTS. ----------- FOR THE PETITIONER;- MR. SHASHI BHUSHAN SINGH,ADVOCATE FOR THE RESPONDENTS;- --------- P R E S E N T HON’BLE MR. JUSTICE AJAY KUMAR TRIPATHI ***** A.K.Tripathi,J Petitioner wants setting aside the order dated 11.10.1990 which is an order in appeal passed by the court of Additional Collector, Sahsarsa. Petitioner was claiming restoration of piece and parcel of land in question under the provision of Koshi Area (Restoration of Land to Raiyats) Act, 1951. No doubt the L.R.D.C. held in favour of the petitioner but on appeal the order has been set aside and that is the cause of the grievance why the present writ application has come to be filed. On perusal of the order contained in annexure-3 there is categorical finding recorded that there is evidence to show that the petitioner did not leave the village till 1950 and therefore he has not been able to claim abandonment based on which the relief under section 3 of the Koshi Area could be provided. Section 3 lays down the condition under which such land could be restored to raiyats. Section 3 also lays down the period in question which is 1st day of January, 1939 till 31st day of December, 1950. If this vital aspect of the matter has not been - 3 - noticed by the DCLR but has been taken note of by the appellate authority then merely because the order was in favour of the petitioner the appellate order cannot be inferred with. The relief to the petitioner has to be granted within section 3 of Koshi Act. Since the petitioner has failed to prove this fact of abandonment before the period in question no case is made out for interference. This writ application is dismissed. (Ajay Kumar Tripathi, J.) Patna High Court, Patna Dated the 15th December, 2008 NAFR (RPS)