Patna HC order brings big relief to land owners amid ongoing survey
PATNA, Jan. 29 -- In an important order related to Bihar's ongoing special land survey, the Patna High Court has observed that "a land title of a person does not get affected in any way by change of his name in records of municipality".
"Title flows from transfer as well as devolution of holding, which can only be adjudicated in a properly framed title suit. However, a person who is in possession of a holding is liable to pay holding tax," said the bench of Justice Purnendu Singh in its order uploaded last week.
He was hearing the pleas of nine petitioners from Khagaria district, seeking declaration of their land as 'raiyatee' land in the ongoing survey on the basis of sale deed, land revenue receipts etc.
The petitioners sought rectification of database by arranging camps at mauza level for the smooth and fair functioning of the ongoing survey, hearing on their claims for redressal of all mauza and stopping of survey, as they were in peaceful, continuous possession of the land for decades since inheritance from their forefathers as 'kartas' of their respective Hindu Undivided Families (HUFs).
"The petitioners have been able to establish their actual and physical possession and statutory vesting of property. The very right to obtain possession of the property is already vested with the petitioners and the same cannot be taken away in garb of ongoing survey," the bench observed. P3...
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