Ram Lakhan Mandal vs State of Bihar - 2024 Supreme(Pat) 835

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 835

MOHIT KUMAR SHAH
Ram Lakhan Mandal – Appellant
Versus
State of Bihar – Respondent

Advocates:
For the Petitioner: Mr. Rajni Kant Jha.
For the State : Mr. Ebadur Rehman Shakeb, AC to AAG-12.
For the Resp. no.11 : Mr. Prafull Chandra Jha.

Mohit Kumar Shah, J.—The present writ petition has been filed for restraining the respondents from demolishing the house of the petitioner, as also preventing them from constructing the building of Panchayat Sarkar Bhawan on the raiyati land of the petitioner.

2. The brief facts, according to the petitioner, are that a piece of land, admeasuring 13 katha, pertaining to old Khata No.217/new Khata No.866, Old Khesra No.1142/New Khesra No.1559, situated at Mauja-Arga Usuri, Tauzi No.6553, Thana No.86, Thana-Biroul, District-Darbhanga, was settled in favor of one Bilat Mandal, son of late Hiraman Mandal at yearly rent of Rs. 2/- in 1355 fasli, by delivering actual physical possession of the land and by issuance of rent receipt by the ex-landlords, namely, Abdul Mazeed and Abdul Gaffar. The said Bilat Mandal died, leaving behind his four sons, namely, Bathu Mandal, Boven Mandal, Baleshwar Mandal and Keshwar Mandal. The eldest son of the said deceased Bilat Mandal is stated to have become Karta of the joint family and used to pay rent to the ex-landlords. It is further stated that an amicable partition took place amongst the aforesaid four brothers and separate jamabandies were created, i

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