Entries in a revisional survey Khatiyan cannot be used to determine title if the survey has not attained finality, unless such entries are compared with the cadastral survey Khatiyan.

ORAL JUDGMENT

Heard Mr. Vaidehi Raman Prasad Singh, learned counsel appearing on behalf of the petitioners and Mr. Sajid Salim Khan, learned SC 25 for the State.

Petitioners have inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-

“That this is an application for grant of an appropriate writ for quashing the order dated 2.7.2020 passed by the Circle Officer, Runni Saidpur, District Sitamarhi in Misc. Case No.9/2020-21 (Annexure-8) rejecting the application dated 21.5.2020 filed by the petitioner no.1 in the light of the order passed by this Hon’ble Court in CWJC No.5672 of 2020 for fixation of rent of RSP Nos.724 and 772 under Khata No.770 situated in village Bahilwara aliaas Garha (Thana No.71) and for a direction to the respondents, particularly Respondent No.4, the Circle Officer, Runni Saidpur to fix the rent of the aforementioned two plots belonging to the petitioners and their co-sharers in their names and to accept the rents of those plots.”

Learned counsel appearing on behalf of the petitioners submitted that the petitioner no.1, Nand Kishore Singh had earlier filed CWJC No.5672 of 2020 which was disposed of vide judgment dated 20.05.2020 in respect of the land which the petitioner had claimed in the said writ petition and the Circle Officer, Runni Saidpur was directed to dispose of the application of the petitioner.

Learned counsel further submitted that the land is recorded as Bakast Malikan Majkoor and was in possession of the ex-jamindar, namely, Sridhar Narayan Singh and others. During revisional survey operation, Revisional Survey Plot No.274 was carved out from Cadestral Survey Plot Nos.234 and 233 and Revisional Survey Plot No.772 was carved out from Cadestral Survey Plot No.233. The revisional Survey Plot number was wrongly recorded under Khata No.770 as “Gairmazarua Bihar Sarkar”. The petitioner no.1 is the grandson of the said Sridhar Narayan Singh and as such he has right title and interest in the said land. The writ petition was disposed of by directing the Circle Officer, Runni Saidpur, District, Sitamarhi to consider and dispose of the application filed by the petitioner in accordance with law. Petitioner approached the Circle Officer in light of the direction of this Court for fixing the rent in respect of the said land and upon refusal by the Circle Officer vide order dated 02.07.2020, the petitioners, who are descendants of the said Sridhar Narayan Singh have again preferred the present writ petition being aggrieved by the said order.

Learned counsel next submitted that petitioners have claimed their entitlement over the land in question on the basis of order dated 23.09.1991 passed by the Consolidation Officer, Runnisaidpur, whereby he had directed for recording R.S.P. Nos.724 and 772 in the name of the petitioners after deleting the name of Bihar Sarkar and to make necessary correction accordingly.

The co-ordinate Bench of this Court had passed inter alia following orders in paragraphs no.6 to 9 in CWJC No.5672 of 2020, which are reproduced hereinafter:-

“6. Having heard the parties and considering the nature of grievance of the petitioner, this Court is of the view that the ends of justice will be met by directing the Circle Officer, Runni Saidpur, District Sitamarhi (respondent no. 7) to consider and dispose of the application said to have been filed by the petitioner, if still pending, on its own merits in accordance with law and after grant of an opportunity of hearing to the petitioner, within one week hereof.

7. It is made clear that in view of the ongoing lockdown and Covid-19 pandemic, the concerned authority shall be at liberty to hear the petitioner through video conference and any correspondence between the parties may be made through email. To enable the same, the petitioner undertakes to furnish his mobile number and e- mail ID, together with a copy of the application claim