IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12259 of 2005 1. PRADEEP HARIZAN SON OF SAHDEO HARIZAN 2. USHA DEVI, WIFE OF PRADEEP KUMAR YADAV 3. SANGITA SAH WIFE OF BINODANAND SAH @ BINODA NAND MANDAL, ALL RESIDENTS OF VILLAGE GAUSALA BHARIYA RAHIKA, P.S. AND DIST. KATIHAR. …PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, KATIHAR 3. THE ADDITIOANL COLLECTOR, KATIHAR 4. THE CIRCLE OFFICER, KATIHAR …RESPONDENTS For the petitioners :M/S Bhola Prasad :Mukesh Kr. Jha For the State :Mr. Pawan Kumar Mishra, G.P.22 & :Mr. Shashank Shekhar Jha AC to GP 22 ----------- 03. 18.04.2011 Heard learned counsel for the petitioners and the State. Three petitioners herein raise a grievance with respect to the order passed by Respondent-Addl. Collector, Katihar contained in memo no. 469 dated 27.10.2004 (Annexure-1), whereby the said authority in the light of the order dated 07.10.2004, passed by Respondent-Addl. Collector, directed for taking steps for dispossessing the writ petitioners from their respective lands treating the parchas earlier issued in their favour as cancelled. According to the writ petitioners, they were eligible persons for settlement of lands acquired by the State Government in terms of the provisions contained in Bihar Land Reforms(Fixation of Ceiling Area and Acquisition of Surplus Land)Act(hereinafter to be referred to as the ‘Act’). It is the contention of the petitioner that Sri Krishna Goshala was 2 proceeded against and certain lands were acquired in the said proceeding and part of them was/were settled with the petitioners, vide Settlement Case No. 01/98-99. It is averred in paragraph 5 that such settlement was made with petitioners and hundreds of other settlees after due enquiry and verification. Relevant facts in this regard supported by order(s) have not been stated in the writ petition. However, it is the stand of the petitioner that they were issued Parvanas/Parchas annexure-2 series, vide Settlement Case No. 01/98-99 in respect of following lands: 1. Petitioner no.1 0.07 decimals of land appertaining to khata no.1536, khesra no. 4488 and 4489. 2. Petitioner no.2 0.10 decimals of land appertaining to khata no.1536, khesra no.4491. 3. Petitioner no.3 0.10 decimals of land appertaining to khata no.1536, khesra no.4491. It is the stand of the petitioners that without issuing any notice, Parvanas/Parchas issued in their favour have been cancelled and the impugned order has been passed for dispossessing them from their respective lands. A counter affidavit has been filed on behalf of respondents stating therein that order which has been made impugned in the present writ case is sequel to the order dated 7.10.2004 passed by Respondent-Addl. Collector, as contained in Annexure-A. Learned A.C. to G.P.22 placed the entire order in order to show that settlements were made in gross defiance 3 of the circular of the government inasmuch as close relatives of the revenue employees were shown as eligible person and issued parchas in respective of different tracts of lands since they situate close to the township of Katihar. It is contended with reference to order dated 7.10.2004 (Annexure-A) that considering the gross laches on the part of the revenue officials departmental proceedings against some of them have also been directed to be initiated. Learned counsel for the petitioners submits that in the similar circumstance some of the settlees of Settlement Case No. 01/98-99 approached this Court in CWJC No. 14008 of 2004 (Baijnath Das & Ors. Vs. State of Bihar & Ors.) wherein, after hearing both sides, this Court by a preceding dated 10.11.2004, disposed of the matter by remanding the same to the respondent concerned for fresh consideration in accordance with law after affording an opportunity of hearing to these petitioners. Copy of the said order is on record as annexure-4. Learned A.C. to G.P.22 referring to averments made in the counter affidavit submits that in the light of the order of this Court as would appear from order dated 04.12.2004 notice was directed to be served on all the persons whose settlements are liable to be cancelled. It is submitted that petitioners should approach the said respondent in the light of the said order and file their reply/show cause. It is agreed at Bar that the matter in the light of the order dated 4.12.2004 (Annexure-B) has not been finally disposed of. 4 Having heard the parties and after going through materials on record including counter affidavit, this Court disposes of this application by the following order: Let the petitioners approach the Respondent-Addl. Collector, Katihar and file their show cause/response(s) within three weeks from today whereafter the said authority shall consider and dispose of the same in accordance with law after considering the show cause/reply filed on behalf of the petitioners. It is made clear that his earlier order dated 7.10.2004 (Annexure-A to the counter affidavit) shall not preclude him from passing a fresh order in accordance with law. Till filing of their show cause, petitioners shall not be dispossessed from the lands claim to have been settled in their favour by annexure-2 series, if not already dispossessed. hr ( Kishore K. Mandal )