Thakur Singh vs The State of Bihar and Others

Sheema Ali Khan, J.—Heard the parties.

The petitioner is aggrieved by the order dated 30.06.1998 passed by the Joint Director, Consolidation, Muzaffarpur. The petitioner is the land holder of plot Nos. 508 and 510, measuring area 0.11 decimals and 0.04 decimals respectively. Plot No. 509 is recorded in the name of State of Bihar having an area 0.04 decimals. The respondents plot number is 22 (old) and 324 (new).

The case of the petitioner is that he is ploughing the lands of plot Nos. 508, 510 and also utilizing and growing crops over plot of the State of Bihar i.e. plot No. 509. A spot enquiry was made in which the respondent and the petitioner both appeared. Plot No. 222, according to the old khatiyan, measures 1.04 decimals whereas the measurement in the map shows it to be 1.30 decimals. According to the new khatiyan, the land is shown as 1.03 decimals. The respondents, therefore, claims that 0.04 decimals of his lands, according to the land measurement of the map, has amalgamated that plot No. 509 which belongs to the State of Bihar. The Additional Collector, Jamabandi, Muzaffarpur refused to entertain the application of the respondent to carve out 0.04 decimals of lands from plot No. 509. The Joint Director, Consolidation, on the other hand, on the basis of the measurement of the map, directed that 0.04 decimals of land should be carved out from plot No. 509. The petitioner is aggrieved by this order because according to him, his possession would be disturbed over plot No. 509.

On perusal of the entire facts, this Court finds that there is no dispute with respect to the fact that plot No. 509 of khata No. 131 belongs to the State of Bihar. I do not think that the respondent would be entitled on the basis of a measurement based on a map to carve out 0.04 decimals of land specially as the old and new survey records indicate that the area of the land of the respondent is 1.04 decimals.

I, therefore, do not agree with the order of the Joint Director, Consolidation, Muzaffarpur who has directed the Consolidation Officer to carve out 0.04 decimals of land from plot No. 509 belonging to the State of Bihar.

As far as the petitioner is concerned, he cannot claim any rights over plot No. 509 as it belongs to the State of Bihar.

In the result, this application is allowed and the order dated 30.06.1998 passed by the Joint Director, Consolidation, Muzaffarpur in Revision Case No. 3250 of 1987 is hereby quashed and the order dated 20.11.1987 passed by the Additional Collector, Chakbandi, Muzaffarpur in Appeal Case No. 86 of 1987 is restored.