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1997 Supreme(SC) 731

J.JAGANNADHA RAO, S.B.MAJMUDAR
Deonarayan Singh – Appellant
Versus
Commissioner Of Bhagalpur – Respondent


JUDGMENT

S.B. Majmudar, J.-This appeal on special leave is directed against the decision rendered by a Full Bench of the Patna High Court dismissing the Writ Petition filed by the appellants.

2. In order to appreciate the grievance of the appellants it will be necessary to note a few relevant facts leading to these proceedings. A Jamabandi No. 65 of mauza Billi within Police Station Madhupur, in the district of Santhal Parganas in the State of Bihar was recorded in the names of Sitaram Singh, Jaleshwar Singh, Yudhisthir Singh and Kastura Kumari Devi as Mool Raiyat Ka Jote. They amongst themselves had 8 annas interest in the said jote. As occupants of lands, they were called Raiyats with their headman as Mool Raiyat. Mool Raiyat Ka Jote was a land tenure in Santhal Parganas. It was attached to a Mool Raiyat who as a village headman was responsible for the collection of land revenue in times of British rule. The proprietor landlord was called Ghatwal . Requisite rent of the land was to be handed over by the Mool Raiyat to the Ghatwal. Mool Raiyat had two types of land tenures. Mool Raiyat Ka Jote was alienable and personal. Mool Raiyat Jote was inalienable and was attached to his off






































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