IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10596 of 2010 1. SMT. SUDAMA KUER, W/O LATE ONKAR NATH GIRI, R/O MOHALLA TARI (CHOUDHARIANA), P.S. ARA TOWN,DISTRICT- BHOJPUR. 2. SIDHESHWAR NATH GIRI, S/O LATE ONKAR NATH GIRI, R/O MOHALLA TARI (CHOUDHARIANA), P.S. ARA TOWN,DISTRICT- BHOJPUR. Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR,BHOJPUR ,ARA. 3. THE SUB REGISTRAR, DISTRICT REGISTRY OFFICE, ARA, BHOJPUR. 4. CIRCLE OFFICER, SADAR,ARA. ----------- 2. 04.04.2011 Learned counsel for the petitioners submits that she is the absolute owner of the lands identified as Khesra Nos. 871 and 871/1438, of old Khata No. 70, in succession from her husband. Her husband in his capacity as the lawful owner of the lands also received compensation in Land Acquisition Case No. 21/5 of 1978-79. After the death of her husband vested interests started laying unjust claims to the lands and in pursuance of which the District Magistrate, Bhojpur at Ara issued instructions staying any registration for transfer of lands by the petitioners. Nothing has been communicated to her but she learnt of the same only when she heard rumors to that effect and made an application under the Right to Information Act replied to on 7.4.2010 vide letter No. 204. The letter 2 does not disclose any reasons why the District Magistrate has classified the land as disputed. Strong reliance is placed on a report dated 23.10.2009/25.1.2010 of the Circle Officer recording after enquiry his satisfaction that the petitioners were in lawful possession and correctness of the entry in the Khatiyan, rejecting the objection. It is submitted that the order dated 7.4.2010 is completely at variance with the same and does not consider it at all. Despite the passage of more than six months, no counter affidavit has been filed on behalf of the State. The Court was therefore inclined to stay of the operation of the orders restraining the petitioners from effecting any transfer of the lands more so when the petitioners assert that they have not been informed of any such order much less after opportunity to them. At this stage, counsel for the State suggested that the matter may be remanded to the District Magistrate to consider matters in accordance with law more appropriately in the light of the report of the Circle Officer also. Any direction restraining the petitioners from transferring and registering her lands as 3 communicated by the order dated 7.4.2010 has therefore to be technically set aside at this stage to bring matters on a clean slate. Let the petitioners appear before the District Magistrate along with a copy of the present order within a maximum period of six weeks. If the petitioners fail to do so, the writ application shall be deemed to have been dismissed. After the petitioners appear, the District Magistrate shall be obliged to furnish her reasons in the form of a show cause notice why he proposes to debar transfer and registration of the lands of the petitioners inclusive of his jurisdiction in law to so direct. He shall then fix a date of hearing and grant a personal or representative hearing to the petitioners and then pass a reasoned and speaking order dealing with all issues of facts and law that the petitioner may raise in her reply to the show cause notice. The writ application stands allowed in the aforesaid terms. P. Kumar ( Navin Sinha, J.)