CIVIL WRIT JURISDICTION CASE No.6211 OF 1989 In the matter of an application under Articles 226 and 227 of the Constitution of India. 1(a) Chameli Devi, Wife of Mahabir Prasad Jain 1(b) Arun Kumar Jain 1(c) Anil Kumar Jain 1(d) Sunil Kumar Jain 1(e) Amit Kumar Jain 1(f) Ranjan Kumar Jain, 1(b) to 1(f) all sons of Mahabir Prasad Jain All residents of Rafiganj, P.S. Rafiganj, District Aurangabad. ---- Petitioners Versus 1. The State of Bihar 2. The Commissioner, Magadh Division, Gaya 3. The Collector, Aurangabad, District Aurangabad 4. The Deputy Collector, Land Reforms, Aurangabad, District Aurangabad 5. the Anchal Adhikari, Rafiganj, District Aurangabad ---- Respondents For The Petitioners : Mr. Basant Kr. Choudhary, Sr. Adv. Mr. Ajay Kumar Sharma, Adv. For the State : Mr. Abas Haidar, A.C. to S.C. 8 P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khan, J. Petitioners’ case is that the land was settled on 27.9.1939 by the ex-land lord i.e. Maharani of Deo in Aurangabad. During enquiry it came to light that the petitioner (Mahavir Prasad Jain) was being issued rent receipts on land which was purported to be recorded in the name of State of Bihar. The D.C.L.R. by annexure-2 held that the settlement produced by the petitioner was a forged document. It was written in fresh ink which led to the conclusion that it was newly created document. It has been recognized by all three 2 authorities i.e. the D.C.L.R., The Collector and the Commissioner of the Division that the settlement cannot be cancelled or examined under Section 4H. 2. On behalf of the State, it is contended that in fact the settlement has not been cancelled rather the Jamabandi has been cancelled. The question that will arise therefore, is whether the petitioners would continue to have title over the said lands by way of the document of settlement in their favour. Admittedly the petitioners are in possession of the land prior to filing of this writ application. This Court had granted stay in favour of the petitioner and directed that no steps should be taken to dispossess him. 3. In the circumstances, the petitioners may file a suit for declaration of their title and confirmation of their possession before the competent authority within three months after giving notice under Section 80 of the Code of Civil Procedure to the respondent State. The petitioners would have the liberty to file an injunction petition after filing the suit. This Court further orders that no coercive steps will be taken by the State of Bihar to dispossess the petitioners from the lands in question until the final disposal of the injunction matter up to the appellate stage. I also direct that the Court concerned should while examining this matter call for the original records i.e. Jamabandi and Register II which will indicate the manner in which the land recorded in the name of State of Bihar became the raiyati land. The suit may be disposed of as expeditiously as possible, considering that the matter relates to the year 1984-85. 3 4. This writ application is disposed of with the aforesaid directions. Patna High Court, The 27th of July, 2010 N.A.F.R./ Sanjay (Sheema Ali Khan, J.)