Before,

The Honble Chairman

The Bihar Land Tribunal,
Patna

Ref: 2015

B.L.T. Case No.. 941

Jhapas Ram
..Petitioner
Versus
The State of Bihar and others
.Opposite Parties

SUB: COUNTER AFFIDAVIT

Index

SL.NO.
Page No.

Particulars

1. Counter Affidavit on behalf of OP

1-4
2. Annexure -A to C

of

Before,
The Honble Chairman
The Bihar Land Tribunal,
Patna

Ref: -

B.L.T. Case No.. 941 of

2015

Jhapas Ram
..Petitioner.
Versus
State of Bihar and others
.Opposite Party

COUNTER AFFIDAVIT ON BEHALF OF OPP. PARTIES

I,

____________________________Age____

of______________________

years;

Resident

Son
Of

___________________________________________________________
____________________________________________________________;
hereby solemnly affirm and state as follows: -

do

1. That I am the Chairman, Bhoodan Yagna Committee, Bihar, a respondent in

this case and as such am well acquainted with the facts and circumstances
of the present case.
2. That I have gone through the contents of the Petition under reply and I have
fully understood the same.
3. That without prejudice to the generality of the statements made
hereinafter in this Affidavit, the answering Respondent denies and disputes
all contentions and allegations of the Applicant in its Petition under reply,
which are contrary to the interest of the answering Respondent except to
the extent that the same are specifically admitted hereinafter.
4. That the land in question of village Gauchari, Thana no. 306, ParganaMajhauwa, Narkatiaganj, District- West Champaran was donated to Bihar
Bhoodan Yagna Committee with other land by Kedar Nath Moti through a
Danpatra dated 16.06.1954.

true

photocopy

of

the

said

Danpatra is attached herewith and

marked as Annexure A.
5. That in addition to the above mentioned Danpatra the said donor had
donated another piece of land in Mauja - Baheri, Mainatand, District - West
Champaran which was confirmed in the confirmation case number 1860 on
21.12.1961.

A true photo copy of the said

Danpatra is attached herewith and

marked as Annexure B.
6. That as the same donor had issued two Danpatras, due to a clerical mistake
the Danpatra regarding the land under question was not sent for
confirmation proceedings and as a result has not been confirmed.
7. That on a complaint by the legal heirs of the above mentioned donor that
the land which has not been donated has also been distributed, the Bhoodan

Yagna Committee mistakenly issued a letter cancelling the distribution of

the said land.
8. That later on it was found that two Danpatras have been issued by the same
donor and the land in question was donated by one of the said Danpatras,
which has not been confirmed and the same has been sent to the office of
the designated Revenue official for the confirmation proceedings.
A True copy of the letter sent to
DCLR regarding the confirmation
proceedings is attached herewith
and marked as Annexure C.
9. That the Danpatra of the land in question is pending with the office of the
DCLR for confirmation.
10.That as per Section 11 of the Bihar Bhoodan Yagna Act, 1954, the validity of
the Pramanapatra issued to the grantees depends on the outcome of the
confirmation proceedings.
11.That the Bihar Bhoodan Yagna Act is a complete and self contained Act and
virtue of the non-obstante clause incorporated in Section-23, the provisions
of the Act will prevail over any provision to the contrary in any existing law.
12.That the contents of the present Affidavit has been read over to me in Hindi
and I have understood the same.
13.That the statements made hereinabove are true to my knowledge and
information derived from the records of the case.
14.That the annexures attached are true photocopy of their respective
originals.

VERIFICATION
I, Shubhamoorthy,aged about 66 years, son of Late Sri Baldev Narayan, Resident
of Town - Rosera, Dist. - Samastipur, am the Chairman of Bihar Bhoodan Yagna
Committee, and do hereby verify that contents of para no - ... to... are true as
per the official documents and I have not suppressed any material facts.
Date :Place :-

Deponent