Md. Ataula v. State of Bihar

.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Syed Ehteshamuddin, Adv. For the Respondent/s : Mr. Abbas Haider, Adv. Mr. Md. Kamil Akhtar, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 22-11-2013 Learned counsel for the parties are present. The petitioners by way of the writ petition has questioned the order dated 21.10.1991 passed by the Collector, Katihar in Case No. 328 of 1991-92 whereby the Collector has rejected the application filed by the original petitioner under Section 45B read with Section 37 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as the ‘Act’). 2 Patna High Court CWJC No.2979 of 1992 dt.22-11-2013 According to the original petitioner, she was the owner of the land bearing Plot No. 1118 admeasuring 1.48 acres, 1119 admeasuring 0.33 acres, 1120 admeasuring 0.72 of acres of Khata No. 51 and Plot No. 999 admeasuring 0.36 acres of Khata No. 50 situated in village Masanpur P.S. Barsoi and District- Katihar. The original petitioner claims title relying upon a gift deed said to be executed by her father Ebadat Hussain who gifted the land to the original petitioner amongst other lands through registered deed dated

26.7.1962, copy whereof is placed at Annexure-3. It is stated that the original petitioner since thereafter has been paying rent in respect of the lands in question and has been issued receipts. It is further the case of the petitioner that when the private respondent Nos. 8 to 11 tried to disturb her possession over the said land, that she gathered information regarding the land being settled with the private respondents treating the same to be a surplus land of the Jama Masjid Zameera. According to the petitioner, a ceiling proceeding bearing Ceiling Case No. 168 of 1973-74 was initiated for acquiring the surplus land belonging to the Jama Masjid Zameera and in which it had been specifically stated by the land holder that the land in question did not belong to the Jama Masjid Zameera rather the same belonged to the petitioner and whereupon the land which is subject matter of the writ petition, were exempted. 3 Patna High Court CWJC No.2979 of 1992 dt.22-11-2013 It is the case of the petitioner that no notice was given to her at any stage before the land was distributed amongst the allotees and it is in the aforementioned circumstance that the writ petition was filed. The land ceiling proceeding bearing case No. 168 of 1973-74 was questioned separately by the Jama Masjid Zameera through C.W.J.C. No. 1049 of 1991. This matter after filing came for consideration on 5.1.1993 when a Division Bench while admitting the writ petition, directed this matter to be heard along with the writ petition filed by the Jama Masjid Zameera bearing C.W.J.C. No. 1049 of 1991. It so appears that despite the direction of this Court requiring of this petition to be heard along with C.W.J.C. No. 1049 of 1991, it was not heard analogous. The other writ petition has since been disposed of vide judgment and order dated 21.4.2000 and the ordersheet of C.W.J.C.No.1049 of 1991 has been placed for consideration along with the present writ petition. The original writ petitioner has deceased and was substituted vide order passed on 4.4.2012. A perusal of the judgment and order passed in C.W.J.C. No. 1049 of 1991 manifests that the ceiling proceeding against Jama Masjid Zameera was initiated giving rise to Case No. 168 of 1973-74 in respect of 98.86 acres of land. It was detected that of the said area, 4 Patna High Court CWJC No.2979 of 1992 dt.22-11-2013

37.62 acres of land were found recorded in the name of strangers to the wakf i.e. Jama Masjid Zameera. Apart therefrom, certain other pieces of land were found in possession of other persons including the petitioner herein, which according to the Collector, was to be treated as wakf property. It was however the plea of Jama Masjid Jameera that the lands recorded in the name of the under- raiyats and in possession of other persons including the original petitioner Most. Bibi Maimuna Khatoon (since deceased), whose name finds mention in paragraph 5 of the order, did not belong to the Wakf. The Court taking note of the Amendment Act 8 of 1997, disposed of the writ petition holding all order and all exemptions as having stood wiped of. While holding as such liberty was given to the respondents to proceed afresh against the petitioner i.e. Jama Masjid Zameera de novo in accordance with law treating him as a land holder possessing 98.86 acres of land. In view of the judgment and order passed in C.W.J.C.No.1049 of 1991 and taking into consideration that the subject matter of the present writ petition, was also in consideration in C.W.J.C. No. 1049 of 1991 as is manifest from paragraph 5 thereof, no further order need be passed in the present writ petition which is accordingly disposed of affording liberty to the petitioners to take recourse to such remedy as may be available to them in law in view of the direction contained in paragraph 10 of the judgment an order passed in C.W.J.C. No. 1049 5 Patna High Court CWJC No.2979 of 1992 dt.22-11-2013 of 1991. This Court before parting with the judgment would make it clear that this Court has not expressed any opinion on the merits of the rival claims and any such application being filed by the petitioners in any proceeding initiated by the respondents in the light of the liberty granted by this Court in C.W.J.C. No. 1049 of 1991, would be considered and disposed of on its own merits without being prejudiced by the order passed in the present case. The writ petition stands disposed of with the observation and direction aforementioned. Bibhash/- (Jyoti Saran, J)