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1957 Supreme(Pat) 66

KANHAIYA SINGH, V.RAMASWAMI
Ramdayal Missir – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. In these applications which have been heard together there is a common question of law arising for determination, namely, whether the Settlement Officer has authority to review an order of the Assistant Settlement Officer made under Sec.103-A of the Bihar Tenancy Act.

2. It appears that by an order of the Government of Bihar, revisional survey operation was under taken in the district of Purnea and record-of-rights -was under preparation. In the course of these proceedings the petitioners claimed that they had taken settlement of the disputed properties from the previous proprietors, namely, Dhir Narayan Chand and Bir Narayan Chand. It further appears that on 28th September, 1954, the estate of the proprietors vested in the State of Bihar by a notification published under Sec.3 of the Bihar Land Reforms Act.

Thereafter the State of Bihar filed objections before the Assistant Settlement Officer, who held an elaborate enquiry and came to the conclusion that there was settlement made with the petitioners and the objections made by the State of Bihar should be disallowed. This order was passed on 10th of August, 1955, and is Annexure A to the application made by the petition





























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