IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7535 of 2004 1. MD.SAHWAN, son of Ful Mohammad Resident of Vill.- Pailadih, P.S.-Simri, Post Office-Asha Parari, Distt.- Buxar 2. Md. Firoj, Son of Jalil Mian, resident of Vill-Pailadih, P.S.-Simri, Post Office-Asha Parari, Distt.-Buxar 3. Md. Samsuddin, Son of Salim Mian, resident of Vill- Pailadih, P.S.-Simri, Post Office-Asha Parari, Distt.- Buxar 4. Md. Naimuddin, Son of Kurban Mian, resident of Vill- Pailadih, P.S.-Simri, Post Office-Asha Parari, Distt.- Buxar --------------Petitioners Versus 1. THE STATE OF BIHAR, through the Collector, Buxar Collectorate, Buxar 2. The Collector, Buxar Colectorate, Buxar 3. The Sub-Divisional Officer, Sub-Divisional Office, Dumraon, District-Buxar 4. Deputy Collector, Land Reforms, Dumraon, District- Buxar 5. The Circle Officer, Simri Block, Simri, District-Buxar 6. The Circle Inspector, Simri Block Office, Simri, District- Buxar -----------Respondents ----------- 2. 08.11.2010 The petitioners along with other persons of Scheduled Caste Community were granted Purcha for the land in question vide Annexure-2 series in the year 1993. The petitioners after grant of purcha have built residential houses on the land and are living on their respective houses. Learned counsel for the petitioners submits that Annexures-1 and 3 would indicate that the said purchas were granted after conducting a full fledged enquiry and verification. This writ application has been filed 2 challenging the order which is in Annexure-6 issued on 3.3.2004 by the Sub-Divisional Officer, Dumraon. It is submitted that the Sub-Divisional Officer, Dumraon has passed the impugned order contained in Anneuxre-6 cancelling the purcha of the petitioners, on an application filed by the private respondent that they want to get the land settled in their favour, which were duly allotted to the petitioners. Once the authorities have settled the land in favour of certain persons, mere filing of an application by any person of Scheduled Caste and Scheduled Tribe, cannot be allowed on whims and fancies. At the time of settlement, objection were not filed by any party. Apart from which the impugned order has been passed without notice to the petitioners. It would be relevant to point out that the Sub-Divisional Officer, Dumraon has quashed the order without considering the fact that the petitioners have been in legal occupation of the land in question since 1993 to 2003. The authority cancelling the Parcha of the petitioner has not found any illegality in the process of granting Parcha, or has not held that the petitioners were not entitled for the grant of Parchas. 3 The reason for cancelling of the purcha is unknown. This Court sees no reason why the State could not grant Parchas for alternative lands, if available, the Authorities however cannot cancel the ‘Parchas’ duly granted to certain persons, to accommodate others. This Court also notices that in the same transaction, lands were also settled to Ram Bihari Chamar, Shiv Mangal Ram and some others as well as the petitioners, respectively the S.D.O. has selectively cancelled the purcha of a particular community, without assigning any reason, and without hearing them. The Counsel for the State submits that the Parchas have been cancelled to make settlement in favour of members of schedule castes and Tribe. Undoubtedly, such category of persons are entitled to be considered under various schemes of the State Government, but their rights, if any, would accrue, on the date they apply for settlement under the Bihar Privileged Person Act, and the State may make settlement in their favour, subject to the availability of the land. Cancellation of Parchas duly issued in favour of needy persons cannot be solution to the problem, as it would lead to chaos and make a 4 mockery of the law laid down for grant Parchas. I thus quash the order dated 3.3.2004 and 13.3.2004 contained in Annexure-6. This writ application is allowed. Anand Kr. ( Sheema Ali Khan, J.)