A.N.CHATURVEDI, S.B.SINHA
Sitaram Choubey – Appellant
Versus
State Of Bihar – Respondent
S.B.Sinha, J.
1. This application is directed against an order dated 10-10-1991 passed by the Respondent No. 2 as contained in Annexure-7 to the writ application whereby and whereunder the Jamabandi standing in the name of the petitioners have been directed to be cancelled.
2. Shortly put the fact of the matter is as follows: In the year 1944 the ex-tenure holder allegedly granted settlement of the land in question in favour of the petitioners and issued rent receipts in relation thereto.
3. According to the petitioner they being occupancy raiyat of village acquired occupancy right in relation to the land question. After vesting of the State of the ex-tenure holder in the State of Bihar the petitioners name was entered into Register II (Annexure-1) and rents receipt had all along been issued by the State of Bihar.
4. Admittedly revisional survey settlement operation took place in the year 1970 wherein the name of the State of Bihar was entered.
5. It is also accepted that the petitioners did not file any suit under the provisions of Bihar Tenancy Act or any civil suit questioning the aforementioned entry in the revisional survey record of rights
6. The petitioners however,
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