IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8975 of 2000 PHOOLMANTI KUNWAR & ORS. Versus THE STATE OF BIHAR & ORS ----------- For the Petitioners :Mr. Arun Kumar No.1, Advocate For the State :Mr. Lalit Kishore, AAG-III 13/ 24.9.2008 Heard learned counsel for the petitioners and the State. 2. Petitioner no.1 is the widow of Raj Lalan Pandey, who was settled 1.15 acres of lands in plot nos. 595 (new) and 242 (old), appertaining to Khata Nos. 80 (new) and 40 (old) in village Khiree, P.S. Bhagwanpur, District Kaimur, as is evident from the Rent Roll showing fixation of fair and equitable rent, as contained in Form M issued under Rule 7 of the Rules framed under the Bihar Land Reforms Act, 1950 (hereinafter referred to as the Act) by the Deputy Collector, Land Reforms, Bhabua, which is contained in Annexure-6A to this writ application. 3. It is submitted on behalf of the petitioners that major portion of the aforesaid land was acquired for raising Sone High Level Canal Project and the husband of petitioner no.1 was served with notice, as contained in Annexure-3A to this writ application calling upon the husband of petitioner no.1 to appear before the authorities on 30.4.1994 so as to satisfy the authorities that he was the rightful owner of the lands which were sought to be acquired for the aforesaid project. It is further submitted on behalf of the petitioners that 2 pursuant to the notice, Annexure-3A, husband of petitioner no.1 appeared before the authorities, but was not paid any compensation. Later, husband of petitioner no.1 filed writ application, bearing CWJC No. 7264 of 1999, which was dismissed on 16.2.2000 observing that petitioner has not been able to produce either the notification under Section 4 or award made under Section 11 of the Act. However, from perusal of the order dated 16.2.2000, it appears that the writ application was not considered on merit and was dismissed for the failure of the petitioner to produce relevant documents. Later, husband of petitioner no.1 traced the Rent Roll and the notice, Annexure-3A and filed the present writ application on 8.9.2000 annexing the notice contained in Annexure-3A as also the copy of the Rent Roll, Annexure-6A and on that basis prayer is made to direct the authorities to pay compensation for the lands acquired. 4. During the pendency of this writ application, original petitioner left for his heavenly abode, whereafter present petitioners have been substituted. 5. By filing counter affidavit, Respondent nos. 5 and 6 i.e. The Special Land Acquisition Office, Sasaram and the Collector, Kaimur, Bhabua have submitted that the reliance placed by the petitioners over the Rent Roll to establish their title over the lands acquired , is wholly misplaced as the Rent Roll can only be issued after there is an order settling the lands 3 in question in favour of the petitioners and on the basis of Rent Roll bereft of the order of settlement, this Court or the authorities cannot conclude that the lands in question belong to the petitioners. 6. Having heard counsel for the parties, I direct the Collector, Kaimur at Bhabua to examine the correctness of the Rent Roll, Annexure-6A and if the learned Collector is satisfied about the correctness of the Rent Roll, Annexure-6A then he should examine whether the lands, which are the subject matter of the Rent Roll, were acquired for the aforesaid project and if the lands were acquired and petitioners have valid title over the same, then pass appropriate orders for payment of compensation to the land holders in accordance with law. 7. Petitioner no.1 is directed to appear before the Collector on 20.10.2008 along with a certified copy of this order and thereafter the Collector shall make necessary enquiry and pass orders dealing with Annexure-6A as early as possible, in any case within six months from the date of appearance of petitioner no.1 before him and petitioner no.1 should cooperate and produce all the relevant documents before the learned Collector, Kaimur at Bhabua. 8. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)