226 of the Constitution for a rule in the nature of a writ of mandamus or any other appropriate writ cancelling the order of the Additional Collector dated January 18, 1955, and res training the appellants from interfering with his possession of the said two plots.
Appeal from the judgment and order dated February 21, 1956, of the Patna High Court in Misc.
53 of 1955.
The Additional Collector, Darbhanga, in exercise of the powers companyferred on him under s. 4 h of the Act, held that the said settlement was actually made after January 1, 1946, and that it was only a paper transaction having annulled the said settlement, the Additional Collector, by his order dated January 18, 1955, called upon the respondent to give up possession of the said plots by January 30, 1955.
K. P. Sinha and D. P. Singh, for the appellants.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
383 and 1033 are tanks in village Lakshmipur alias Tarauni in the District of Darbhanga.
Plots NOW.
Judicial Case No.
May 3.
After the companying into force of the Act, the said Estate vested in the State of Bihar.
K. Jha and R. C. Prasad, for the respondent.
Thereafter, one Sheonandan Jha and some other villagers of Lakshmipur filed a petition before the Collector alleging that the alleged settlement was number true, and that in fact the settlement was numberinally effected only after January 1, 1946.
The State of Bihar and the Additional Collector of Darbhanga have preferred the present appeal against the said order.
That petition came to be decided by a division bench of the High Court and the learned Judges by their order dated February 21, 1956, held that the Additional Collector had numberjurisdiction to entertain and decide the question whether the settlement, which was prima facie shown to have been made before January 1, 1946, was actually made after that date.
Aggrieved by the said order, the respondent filed a petition in the High Court of Judicature at Patna under Art.
425 of 1957.
The Judgment of the Court was delivered by SUBBA RAO, J. This appeal by certificate raises the question of the companystruction of s. 4 h of the Bihar Land Reforms Act, 1950 Act 30 of 1950 hereinafter referred to as the Act , as amended by the Bihar Land Reforms Amendment Act, 1959 Bihar Act 16 of 1959 hereinafter called the Amending Act .
The facts giving rise to the appeal lie in a small companypass.
The respondent claims to have taken settlement of the said plots in the year 1943 from the landlords of Raghopur Estate of which the said plots formed a part.
