IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2533 of 2002 1. NARAYAN MISHRA S/O- LATE DINESH MISHRA 2. ARUN MISHRA, S/O- LATE DINESH MISHRA 3. TRILOCHAN DEVI WIDOW OF LATE DINESH MISHRA 4. BHUBNESHWAR MISHRA S/O- LATE SHOBHAKANT MISHRA ALL ARE RESIDENTS OF VILLAGE – BARAIL, P.S. BABUBARHI, DISTRICT MADHUBANI. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, MADHUBANI 3. THE ADDITIONAL COLLECTOR, COLLECTORATE- MADHUBANI 4. THE DEPUTY COLLECTOR, LAND RECORMS (24.09.2008 24.09.2008 (D.C.L.R.) SADAR MADHUBANI 5. THE ANCHAL ADHIKARI, BABUBARHI, P.S. BABUBARHI, DISTRICT – MADHUBANI 6. MAHENDRA YADAV, S/O- LATE NEERAS YADAV, R/O- VILLAGE – BARAIL, P.S.- BABUBARHI, DISTRICT – MADHUBANI 7. THE DIVISIONAL COMMISSIONER, DARBHANGA ----------- 5. 27.01.2009 Heard the parties. Petitioners are aggrieved by the order dated 18.12.2001 passed by the Collector, Madhubani (respondent no. 2) in 4 (G) Appeal no. 158/ 89-90 as contained in Annexure-18, Where by the appeal of the state was allowed directing the respondent no. 5 to cancel the Jamabandi in respect of the land in question and take possession over the same. It is submitted on behalf of the petitioners that the land in question was a purchased land and the report of the respondent no. 5 is to the effect that the petitioners were in peaceful possession over the land in - 2 - question. Respondent no. 4 by his order dated 7.06.1989 as contained in Annexure-9 dropped the proceedings under Section 4 (G) of the Bihar Land Reforms Act against the petitioners. The respondent – State preferred an appeal against the order. However, the same was dismissed by order dated 10.05.1993 as contained in Annexure-16. Thereafter, the matter was taken by the State in revision before the respondent no. 7 who, by his order dated 16.10.1995 as contained in Annexure-17, remanded the matter back for consideration to Collector, Madhubani (respondent no.2). The impunged order dated 18.12.2001 has been passed by him on such remand. It is further submitted on behalf of the petitioners that while disposing the appeal, the Collector failed to consider the matter that the initial settlement in question was made by the landlord in the year 1942 (1349 Fasli) and Jamabandi 544 was created with respect to the land in question. It is submitted that Collector could have initiated proceeding under Section- 4G with respect to the transfer made after January 1946, whereas in the present case settlement was made in the year 1942 i.e. prior to January 1946. The respondent no. 2, Collector, while disposing of the appeal has not considered rent receipts evidencing the creation of the Jamabandi no. 544 as contained in - 3 - Annexure-2. The order as such, deserves to be quashed. Learned counsel for the State submits that the pond over the land in question was being used for the people of the locality for working and drainage purpose and therefore, the claim of the petitioners is not correct. Considering the submission of the parties and the averments made in the petition, as no counter affidavit has been filed on behalf of the State, it appears that the respondent Collector while passing the order ought to have specifically considered the question of the settlement and the creation of the Jamabandi no. 544 which is being claimed by the petitioner to be of the year 1942. In my opinion, the matter requires enquiry on all these factual aspects of the matter and without making such enquiry findings record thereon in the order dated 18.12.2001 passed by the respondent no. 2 as contained in Annexure-18 is not sustainable in law. The same is as such, quashed and the matter is remitted back to the respondent no. 2 to pass fresh order in accordance with law after hearing the parties concerned and upon considering materials available on the record especially with regard to the settlement in question. The appeal be disposed of by the respondent no. 2 preferably within a period of six months from the date of receipt/production - 4 - of a certified copy of the present order. The writ application is disposed of with the above observation/directions. Jagdish/- (Shailesh Kumar Sinha,J)