CIVIL WRIT JURISDICTION CASE NO.7364 OF 1990 (In the matter of an application under Articles 226 & 227 of the Constitution of India) ********* BINDESHWAR PD. RAJAK, SON OF SHRI SURAJ NATH PRASAD RAJAK, RESIDENT OF VILLAGE SIPAH, POLICE STATION ARWAL, DISTRICT JEHANABAD ………………………………………………………….PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, JEHANABAD 3. THE Sub Divisional Magistrate, JEHANABAD 4. THE DEPUTY COLLECTOR LAND REFORMS, JEHANABAD 5. THE ANCHAL ADHIKARI, ARWAL, DISTRICT JEHANABAD 6. SURENDRA RAM, SON OF LATE SHIYA SHARAN KAHAR, RESIDENT OF VILLAGE WASILPUR, POLICE STATION ARWAL, DISTRICT JEHANABAD ……………………………………………………………………….RESPONDENTS ****** P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN O R D E R Sheema Ali Khan, J. 1. This Application is directed against the order of the Collector, Jehanabad dated 25.03.1987 by which he has cancelled the jamabandi opened in the name of the petitioner with respect to plot nos. 212 & 213 of Old Khata No. 65) and plot no. 459 of new Khata No. 301, measuring area 26 decimals, situated in village Wasilpur, Thana No. 13, P.S. Arwal, District Gaya (erstwhile, now Arwal District). 2. In short, the case of the petitioner is that the 2 petitioner’s brother filed an application for opening a jamabandi on 24.02.1984, which was examined by the Circle Officer after making local inspection. The Collector, Jehanabad on the basis of an application filed by one Shiya Sharam Kahar, who has been opposing the petitioner’s claim at all levels, re-examined the matter on the basis that the land belongs to Government of Bihar. In the order of the Collector, it has been clearly stated that the land has been recorded as GAIR MAZARUA MALIK PARTI KADIM. This aspect is not disputed at all. The only ground on which the Collector has intervened in the matter is because he has doubted that the local inspection by the Halka Karamchari was not properly done, as it is said that plot no. 212 was recorded as a ditch and the local inspection also indicates that the ditch exists on plot no. 212. The Collector, therefore, has come to a conclusion that the local inspection is doubtful as there cannot be any possession with respect to a ditch. As far as the claim of Shiya Sharam Kahar is concerned, the Collector has not given any finding regarding his rights. Therefore, he cannot claim any benefit from the order of the Collector. 3. In the result, the order dated 25.03.1987 passed the Collector, Jehanabad in Misc. Case No. 116 A.C. of 1985-86/60 D.M. of 1986-87 (Annexure-1) is hereby quashed and the Circle Officer is directed to ensure that 3 local inspection is made with respect to plot no. 212 which has been described as a ditch before passing any order with respect to opening of the jamabandi. 4. While making the local inspection, the Halka Karamchari and the Circle Officer will also inspect and record whether the petitioner is in actual possession over the plots described above. The inspection should be made after notice to the petitioner. 5. All these exercise must be completed within a period of six months from the date of receipt/production of a copy of this order. 6. This application is allowed with the aforesaid terms. ( Sheema Ali Khan, J. ) PATNA HIGH COURT DATED, THE 06TH JULY, 2010 N.A.F.R./ANAND