IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9458 of 1999 NANHAK BIND Versus THE STATE OF BIHAR & ORS ----------- 18. 12.08.2008. Heard learned counsel for the petitioner and the State. None appears for Respondent Nos. 5 to 9 although appearance on their behalf has been filed through Mr. M.K.Sinha, Advocate. 2. Petitioner is aggrieved by the order dated 27.07.1999 passed by the Sub-Divisional Magistrate, Bhabhua in Bantaidari Appeal No. 1 of 1998, Annexure-1, whereunder order dated 09.12.1997 passed by the Circle Officer, Chand, Respondent No.4 in Bantaidari Case No. 1 of 1997-98, Annexure-3 declaring the petitioner to be occupancy raiyat in terms of the provisions contained in Section 48D of the Bihar Tenancy Act, 1885 (hereinafter referred to as “the Act”) over the lands in-question has been set aside. 3. Perusal of the order dated 09.12.1997, Annexure-3 indicates that the occupancy status over the lands in-question was allowed to the petitioner on the basis of the entries made in the Khatiyan which was certified to be true copy of the records of right on 10th September, 1969 by the Settlement Officer, Shahabad, copy whereof is contained in Annexure-2 - 2 - to this application as also on the basis of the local inspection of the lands in-question made by the Circle Officer during which he found the petitioner in continued possession of the lands in-question either through himself or through his father for over 12 years. Aforesaid order dated 09.12.1997, Annexure-3 was assailed by filing Bantaidari Appeal No. 1 of 1998 on the ground that the entries made in the Khatiyan that the father of the petitioner was a Sikmidar of the lands in-question was penned through in compliance of the directions issued by the competent authority after conclusion of the proceeding taken under Section 103 A of the Act and appreciating such contention order dated 27.07.1999, Annexure-1 was passed by the Sub-Divisional Magistrate, Bhabhua setting aside the order dated 09.12.1997, Annexure-3, which order was assailed in this Court by filing the present writ application. 4. In the writ application counsel for the petitioner submitted that no proceeding at all was taken against the entries made in the Khatiyan under Section 103A of the Act and the assumption on the basis of which the impugned order dated 27.07.1999, Annexure-1 has been passed is not correct. 5. This Court under orders dated 06.04.2007 directed the counsel for the State to produce the - 3 - orders passed under Section 103A of the Act, whereunder direction was made to pen through/obliterate the remarks column of the Khatiyan dated 10th September, 1969 indicating the father of the petitioner as Sikmidar of the lands in- question. Till date the authorities have not chosen to furnish records of proceedings to satisfy this Court that the entries made in the Khatiyan have been penned through/obliterated under instructions issued in terms of the proceeding taken under the Act. In the circumstances, this Court has no option but to set aside the order dated 27.07.1999, Annexure-1. Accordingly, order dated 27.07.1999 passed by the Sub-Divisional Magistrate, Bhabhua in Bantaidari Appeal No. 1 of 1998, Annexure-1 is set aside and the matter is remitted back to the Sub-Divisional Magistrate , Bhabhua to reconsider the appeal once again in accordance with law. 6. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)