IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14769 of 2006 RAM NANDAN PASWAN Versus THE STATE OF BIHAR & ORS. For the petitioner : M/S Ratneshwar Pd. Singh, Madan Pd. Singh, Advocates. For the State : Mr. Manoj Kumar (JC to GA-X), Advocate. ----------- 3. 6.8.2008. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 18.6.1997 passed by the Sub-Divisional Officer, Samastipur in Case No. 53 of 1988-89, Annexure-4, whereunder settlement of the lands in question made in favour of the petitioner to the extent of one acre under order dated 13.1.1989, Annexure-1 has been cancelled on the ground that such settlement was made ignoring the Jamabandi created with respect to the same land in favour of Shri Radhikesh Nandan Narain Singh and others. Said order has also been affirmed in appeal by the learned Collector under order dated 10.7.2006 as contained in Annexure-5 to this application. The ground of challenge raised against the two orders is that having settled the lands with the petitioner under orders dated 13.1.1989, the Sub-Divisional Officer had no authority in law to cancel such settlement as petitioner is a member of the weaker section. In this connection reference has been made to Section 49R of the Bihar Tenancy Act, which provides for settlement of the waste land. 3. Perusal of the two impugned orders, however, indicate that the earlier settlement made in favour of the petitioner under order dated 13.1.1989, Annexure-1 was questioned by Radhikesh Nandan Narain Singh who submitted that the lands in question are not waste - 2 - lands, rather he and others are cultivating the same as also paying rent and Jamabandi has also been created in their favour and appreciating such fact the settlement made in favour of the petitioner to the extent of 0.60 acres was cancelled. I do not see any illegality in the two impugned orders dated 13.1.1989 and 10.7.2006, Annexures- 1 and 5 and this writ application is, accordingly dismissed. Rajesh/ (V.N.Sinha, J)