IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14209 of 2001 CHAUDHARY AZIZUL HASSAN Versus STATE OF BIHAR & ORS For the Petitioner : M/S Raghib Hasan(Sr.Adv.), F.A. Khan, Md. Sufiyan, Advocates. For the State : Mr. Anwar Karim(JC to SC-V), Advocate. ----------- 6. 19.09.2008. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the instructions of the State Government contained in letter No. 845 dated 19/22.09.2000, Annexure-1 whereunder the Collector under the Bihar Land Reforms Act, 1950(hereinafter referred to as “the Act”) has been directed to initiate proceedings under Section 4(g) of the Act with regard to the lands in question on the basis of which notice dated 5.11.2001 as contained in Annexure-17 of I.A. No. 2450 of 2004 has been issued calling upon the petitioner to show cause as to why he should not deliver possession of 12.76 acres of land to the Collector. In this connection it is pointed out that to recover possession of the aforesaid lands, initially a proceeding under Section 4(h) of the Act was initiated against the petitioner but the same was closed when the authorities realized that the settlement was made by the ex-landlord prior to 1st January, 1946 and the said order is contained in Annexure-8 to this writ application, whereafter a title suit bearing No. 205 of 1964 was filed in the court of Subordinate Judge, Purnia to recover - 2 - possession of the lands in question but when the suit abated in terms of the provisions contained in Section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, then the impugned direction dated 19/22.9.2000 contained in Annexure-1 and notice dated 5.11.2001, Annexure-17 has been issued. Meanwhile petitioner has remained in possession of the lands in question, which fact is confirmed by the Khatian prepared by the survey authorities and is contained in Annexure-6 series. 3. In the background of the aforesaid fact it is submitted that the impugned direction and the notice is nothing but a device to harass the petitioner. 4. In the circumstances, petitioner is directed to appear before the Circle Officer, Manshahi, Katihar, Respondent No.6 who has issued notice dated 5.11.2001, Annexure- 17 and to file his show cause on or before 20.10.2008 and the Circle Officer should consider the same in accordance with law and pass appropriate reasoned orders dealing with the aforesaid submission as also the other submissions. Until the matter attains finality, possession of the petitioner over the lands in question should not be disturbed. 4. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha, J.) - 3 -