IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9187 of 2008 KUWAR UMESH PRATAP MALL aged about 45 years S/o Late Awadesh Pratap Mall R/V Majhauli Raj P.S. Salempur, District Deoria (U.P.) Versus 1. THE STATE OF BIHAR through the Revenue Secretary, Govt. of Bihar, Patna 2. The District Magistrate cum Collector, Siwan 3. The Additional Collector, Revenue, Siwan 4. The Sub-Divisional Officer, Siwan 5. The Circle Officer, Nautan, District Siwan For the Petitioner :M/s Udit Narayan Singh & Ajay Mishra, Advocates For the State :M/s Manushankar Mishra, G.P. 10 & Shambhu Nath, AC to G.P.10 ---------- 10/ 03.12.2009 Heard learned counsel for the petitioner and the State, who has filed third supplementary counter affidavit, which is taken on record. The counsel for the petitioner has filed rejoinder thereto, which is also taken on record. 2. Counsel for the State respondents before going into the merits of the matter, prayed for dismissal of the writ application on the ground of delay and laches. The submission that the writ application should be dismissed on the ground of delay and laches is fit to be rejected as when the State respondents began to disturb the possession of the petitioner over lands in question, petitioner had no option, but to approach this Court. In the circumstances, writ case has to be considered on merits. 3. It appears, petitioner has filed this writ application praying, inter alia, to direct the State respondents to hand over possession of 1 bigha 6 kathas and 2 dhurs of land bearing plot no. 2511, Khata No. 94 of village Nautan to the petitioner as the said lands were recorded in the cadastral survey in the name of Thug Lohar - 2 - with whom ancestors of the petitioner, who were the landlord of the touzi had entered into a registered deed of exchange, Annexures-1 and 2 and petitioner is in possession of the lands right from the date of vesting of the interest of the ex-intermediary under the provisions of the Bihar Land Reforms Act(hereinafter referred to as “the Act”). 4. The State- respondents refuted the aforesaid claim, with reference to the extracts taken from the register of Misc. Demands, wherefrom it appears that the said plot had vested in the State at the time of vesting of the proprietary rights of ex-landlord a market is being organized over the said land by the State respondent by way of settlement from 1967-68. Aforesaid contention has been further reiterated by the State respondent with reference to the third supplementary counter affidavit filed today annexing the notification vesting the estate of the proprietor as also the return filed by the ex- landlord indicating that the touzi in question, 1888 Don Bujurg vested in the State to the extent of 16 annas interest which is further confirmed from perusal of the extracts from the records of Compensation Case No. 3 of 1956-57 instituted for paying compensation to the ex-landlord. 5. It is evident from the return filed by the ex-landlord, Annexure-B to the 3rd Supplementary counter affidavit that income from the touzi in question before its vesting was for the use of Bhawani Devi and Bhubneshwari Devi, the two grand-mothers of the petitioner. With reference to the aforesaid return, it is submitted that in touzi no.1888 land measuring 1 bigha 5 kathas 4 dhurs of plot nos. - 3 - 2502, 2509 and 2511, which is market vested in the State. Other lands of three plots, namely, 2502, 2509 and 2511 beyond the area of 1 bigha 5 kathas and 4 dhurs remained in khas possession of the two grand-mothers of the petitioner, who by virtue of the provisions contained in Section 6 of the Act became the raiyat of the lands other than 1 bigha 5 kathas and 4 dhurs in the three plots. 6. Having heard counsel for the petitioner and the State and having perused the document referred to above, I am of the view that the touzi no.1888 vested in the State of Bihar, lands of plot no.2511, 2509 and 2502 which is part of tauzi no.1888 to the extent of 1 bigha 5 kathas and 4 dhurs also vested in the State over which market is being settled by the State respondents from 1967-68. In the circumstances, petitioner cannot have any claim over the aforesaid 1 bigha 5 kathas and 4 dhurs of land but lands beyond the aforesaid area in the three plots which remained in the khas possession of the two grandmothers of the petitioner at the time of vesting and had become their raiyati land by virtue of Section 6 of the Act cannot be interfered with by the State respondents. This writ application is, accordingly, disposed of directing the State respondents to continue with their market over three plots to the extent of 1 bigha 5 kathas and 4 dhurs of lands and not to interfere with the possession of the petitioner over lands beyond that area in the three plots. AFR Arjun/ (V.N. Sinha, J.)