Nunu Sahani vs State Of Bihar

Heard learned counsel for the petitioners, learned counsel for the respondent-State and learned Senior counsel appearing for the intervenors.

The petitioners have filed the instant application for the following relief(s):-

“(i) For issuance of an appropriate writ(s)/ Rule(s)/Direction(s) in the nature of mandamus, restraining the concerned respondents from ongoing construction work of the Panchayat Sarkar Bhawan upon the raiyati and ancestral land, i.e., 61 decimal land of the petitioners situated at Mouza- Neuri, Old Khata No.531, New Khata No.1858, and Old Khesra No.4288 and New Khesra No.5159, Thana No.267.

(ii) For issuance of direction to the concerned respondents for quashing the order contained in Memo No.3166 dated 17.11.2022 issued by the Collector, Darbhanga, District-Darbhanga.

(iii) For issuance of an appropriate direction to the concerned respondents to stop the ongoing construction work of Panchayat Sarkar Bhawan upon the raiyati and ancestral land, i.e., 61 decimal land of the petitioners with immediate effect.

And/Or

(iv) For grant of other relief(s) to which the petitioners may found entitled, on the facts and circumstances of the case.”

The subject matter of the instant writ application is 61 decimal of land appertaining to old Khata no.531, new Khata no.1858, old Khesra no.4288, new Khesra no. 5159, Thana no.267 in Mouza-Neuri, under Police Station Biraul, in the District of Darbhanga.

The case of the petitioners in brief is that Chhotakain Sahani and Gango Sahani @ Gangai Sahani, both sons of Baban Sahani, purchased 1 bigha 3 kathas 15 dhurs of land by a registered sale deed dated 21.7.1956. The land was mutated and Jamabandi no.367 was created in the name of both the persons. They started to pay rent and Malguzari receipt was issued in their names. Learned counsel for the petitioners submits that the petitioners remained in peaceful possession ever since 21.7.1956, however, in the revisional survey khatiyan, the 61 decimal land of the petitioners was stated as ‘Anabad Sarv Sadharan’. As such, they filed Case no.7 K/2001, under section 106 of the Bihar Tenancy Act and the Assistant Settlement Officer, Darbhanga, allowed the same by his order dated 16.4.2009. The authority concerned was directed to remove the name ‘Anabad Sarv Sadharan (Anabad Bihar Sarkar)’ from the khatiyan and to mention the names of Chhotakain Sahani and Gango Sahani @ Gangai Sahani in the column of land owners.

It is further case of the petitioners that the Government proposed to construct a Panchayat Sarkar Bhawan at Gram Panchayat Neuri under Biraul Circle. The Circle Officer, Biraul was asked to submit his no objection regarding construction of the Panchayat Sarkar Bhawan on 82 decimal raiyati land and in response thereto the Circle Officer submitted his no-objection by his letter dated 7.2.2020. It is further contended that the Circle Officer by his letter dated 18.2.2022, intimidated the District Panchayat Raj Officer, Darbhanga, that the claim of the petitioners upon 61 decimal of land seems to be bonafide.

Learned counsel for the petitioners further submits that pursuant to the no objection issued by the Circle Officer, the construction work started but the same is being done forcibly upon the private land of the petitioners. The no objection was with respect to 82 decimal land only, which was stated as ‘Anabad Bihar Sarkar’. An inquiry was conducted by the Additional Collector, who submitted his report dated 19.2.2022, which was also in favour of the petitioners. As such, it was submitted by learned counsel for the petitioners that the aforesaid 61 decimal land is the raiyati land of the petitioners. Although, the Collector, Darbhanga has recommended for construction of the building on the remaining 43 decimal land of Khesra no.5159, he has failed to demarcate the land from the petitioners’ 61 decimal land. As such, it was prayed that the respondents be restrained from carrying on construction of the Panchayat Sarkar Bhawan on the raiyati land purchased by the petitioners’ ancestors vide registered sale deed dated 21.7.1956.

A counter affidavit has been filed on behalf of respondent nos.2 to 8, sworn by the Deputy Collector Land Reforms, Biraul, Darbhanga (respondent no.4), wherein it has been stated that the land in question is an area of 1.04 acres appertaining to Khata no.1858 (N) and Khesra no.5159 (N). The petitioners purchased the land measuring an area of 1 bigha 3 kathas 15 dhurs, vide sale deed dated 21.7.1956. The petitioners in the instant application is concerned with 61 decimal land. It is the categorical case of the respondents that besides the area of 61 decimal, so far as the construction of the Panchayat Sarkar Bhawan is concerned, the same is being done on the remaining 43 decimal of land. It is categorically stated that the Panchayat Sarkar Bhawan is not being constructed over the petitioners’ raiyati land rather upon the public land.

Having heard learned counsel for the parties and taking into consideration the averments on record as also the submissions made by learned counsels appearing for the petitioners and the respondents, the facts not in dispute is that out of the total area of 1.04 acres, the petitioners are concerned with 61 decimal land. Although, the case of the petitioners is that the construction of the Panchayat Sarkar Bhawan is being done on the raiyati land of the petitioners, at the same time it is stated that the petitioners would have no objection in case the construction of the same is done on the 43 decimal land of the respondent-State. At this time, it would be important to take note of the fact that it is the categorical case of the respondents that the construction of the Panchayat Sarkar Bhawan is not being done on the land of the petitioners but on the remaining 43 decimal land which belongs to the State of Bihar.

In the opinion of the Court, the matter can be decided effectively by an inquiry/measurement done by a Committee to be constituted by the Collector, Darbhanga. At this stage, it is submitted by Learned counsel for the petitioners that the Anchal Amin of Panchayat Biraul being personally biased against the petitioners, he may not be included in the Committee. It is further submitted that the Committee may be headed by the Additional Collector, Darbhanga, the same be done in presence of the petitioners and the same may take into consideration the sale deeds of the petitioners dated 21.7.1956, with respect to 10 kathas and dated 20.6.1956 with respect to 4 kathas of land.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, in the opinion of the Court, the matter can be effectively and properly decided by measurement being carried out by a Committee constituted by the Collector, Darbhanga, headed by the Additional Collector, Darbhanga and the same be done in presence of the petitioners.

It is thus directed as follows:-

I) The petitioners shall appear before the Collector, Darbhanga (respondent no.2) along with a copy of this order in his office on 17.5.2023 at 11a.m.

II) The Collector shall constitute a Committee of at least 3 members to be headed by the Additional Collector, Darbhanga, who shall carry out the measurement of the land in question in presence of the petitioners at the date and time to be fixed by the Committee and which shall be communicated to the petitioners in advance.

III) The Anchal Amin of Panchayat Biraul shall not be included as a member of the Committee to be headed by the Additional Collector, Darbhanga.

IV) The Committee in conducting the inquiry/measurement shall take into consideration the two sale deeds in favour of the petitioners and/or the petitioners’ ancestors ie the sale deed dated 21.7.1956 and dated 20.6.1956.

V) The report shall be submitted by the Committee before the Collector, at the earliest but preferably within a period of four weeks from the date of constitution of the Committee.

VI) A copy of the report will be provided by the Collector, Darbhanga to the petitioners.

VII) On submission of the report, the authorities shall proceed with the construction of the Panchayat Sarkar Bhawan, but not on the land of the petitioners without having acquired the same.

VIII) In case, it transpires that the construction of the Panchayat Sarkar Bhawan is not on any part of the petitioners’ land measuring 61 decimal, the respondents will proceed with the construction but only after the report is submitted before the Collector, Darbhanga.

IX) Any party aggrieved by the report may challenge the same in accordance with law.

This writ application stands disposed of with the above observations and directions.