IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12915 of 2009 GULBASH ANSARI, S/o- Late Misrali Ansari, resident of Village- Devahlia, P.S.- Ramgard, District- Kaimur :--- Petitioner. . Versus 1.THE STATE OF BIHAR 2. The District Magistrate, Kaimur. 3. The Deputy Collector, Land Reforms, Kaimur. 4. The Additional Collector, Kaimur. 5. The Circle Officer, Block- Ramgard, District- Kaimur :-- Respondents. ----------- For the petitioner :- M/S Rajeev Kumar Singh & Mrityunjay Kumar, Advocates. For the State :- Mr. Shailendra Kumar Jha, A.C. to S.C.-9. ==== 4. 10.11.2009. Heard learned counsel for the petitioner and the counsel for the State who prays for further time to file counter affidavit which is refused in view of the order which is proposed to be passed in the instant case. 2. Petitioner is aggrieved by the order dated 12.06.2009 passed in Settlement Appeal Case No. 01/2007- 2008 by the Collector, Bhabhua, Annexure-1, whereunder the settlement of the lands-in-question measuring an area of 0.17 decimals bearing Plot No. 1086 appertaining to Khata No.435 in Village- Deohaliya P.S. No. 94 settled with the petitioner vide Settlement Case No. 3/85-86 has been annulled on the basis of an enquiry report of the Circle Officer holding that the lands-in-question is a ditch which is used for public purpose as a reservoir for collecting the water drained out from the mosque as also the houses of the citizens residing in the vicinity. Learned counsel for the petitioner submitted that the impugned order could not have been passed as the appeal was barred by more than - 2 - two decades in view of the provisions contained in Section 16 of the Bihar Tenants Holdings (Maintenance of Records) Act, 1973 which mandate that the appeal is filed within 30 days of the order. 3. Counsel for the petitioner further submitted that aforesaid finding recorded in the report on the basis of which the impugned order dated 12.06.2009, Annexure-1 has been passed is wholly incorrect and does not depict the situation prevailing on the ground. It is further submitted that the enquiry was made behind the back of the petitioner only with a view to subserve the malice of the villagers against the petitioner. In this connection counsel also submitted that after settlement of the lands-in-question with the petitioner in Settlement Case No.03/85-86 petitioner raised his house over the same by filling the ditch and for the present he is maintaining his possession over the lands-in-question which is further corroborated by the Land Possession Certificate issued by the office of the Circle Officer as contained in Annexure-6 to this application. 4. Having heard counsel for the petitioner and the State, I direct the petitioner to appear before the Collector, Bhabhua on 30th November, 2009 along with a certified copy of this order whereafter the Collector, Bhabhua should fix a date for local inspection of the lands-in-question and should himself verify in presence of the petitioner and - 3 - villagers the status and nature of the lands-in-question and if he finds that any portion of the land is being used as a pond to collect the drained out water from the mosque as also the houses of the villagers then he shall maintain his earlier order dated 12.6.2009, Annexure-1 to the extent the land is being used for public purpose. While making the enquiry he shall also find out whether the petitioner has filled up any portion of the ditch and has thereafter raised his house over the same, to the extent of his house, petitioner may be allowed to maintain his possession over the lands-in-question on account of the settlement made in his favour way back in the year 1985-86. The interim order dated 12.10.2009 passed earlier is vacated. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)