IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7343 of 2009 SUNIL KUMAR MANDAL, SON OF KAMLESHWARI MANDAL RESIDENT OF VILLAGE GHIWAHA, P.O. GHIWAHA, VIA SARPATGANJ, P.S. CHHATARPUR AND DISTRICT SUPAUL ----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. COLLECTOR, SUPAUL. 3. DISTRICT FISHERIES OFFICER CUM CHIEF EXECUTIVE OFFICER, SUPAUL. 4. ANCHAL ADHIKARI, ANCHAL CHHATARPUR, DISTRICT SUPAUL. 5. OFFICER-IN-CHARGE, CHHATARPUR, POLICE STATION, DISTRICT SUPAUL. 6. RAMESH MUKHIYA @ RAMESH MALLAH, SON OF JOGDHAR MUKHIYA, RESIDENT OF VILLAGE JIBACHPUR, P.S. BHIMPUR, DISTRICT SUPAUL ----RESPONDENTS. ------- 04. 20.11.2009 Heard learned counsel for the petitioner, State as also the counsel for private respondent no.6. 2. Petitioner proclaims himself to be the raiyat of the land measuring 2 acres and 4 decimals, which is a tank bearing plot nos. 293, 294 appertaining to khata No.110 of village Ghiwaha within Chhatapur block in the district of Supaul as the Jamabandi of the said plot vide Jamabandi No.37 is also in the name of his grandfather, namely, Khushi Lal Yadav. In support of such claim he has produced the certified copy of the revisional survey khatiyan. 3. Counsel for private respondent no.6, however, submitted that the entries made in the revisional survey khatiyan has not yet become final. 4. It is submitted on behalf of the petitioner that recently he learnt about notice bearing No.345 dated 29.7.2008, Annexure-1 issued under the signature of the District Fisheries Officer-cum-Chief Executive Officer, Supaul, inviting the public at large to submit their bid for obtaining settlement of the tank in question for three years. Petitioner was surprised to learn that the tank being his raiyati tank - 2 - and part of his raiyati land could not have been settled as Sairat of the State approached this Court. This Court having appreciated the submission issued notice to private respondent no.6, who has filed counter affidavit and with reference to the contents of the counter affidavit it is submitted that the Jamabandi of the aforesaid plots was cancelled vide Jamabandi Cancellation Case No.1 of 1998-99 and since the cancellation of the Jamabandi tank in question has become Sairat of the State and was transferred to the District Fisheries Officer by the Circle Officer, Chattapur under letter No.29-2 dated 26.6.2007, Annexure-D to the counter affidavit filed on behalf of private respondent no.6 and after its transfer notice was issued and pursuant to the notice the tank in question has been settled with private respondent no.6 under order bearing No.544 dated 24.12.2008, Annexure-F to the counter affidavit. 5. In the background of the aforesaid fact it is submitted by the counsel for the petitioner that plot nos.293, 294 appertaining to Khata No.110, which was included in the Jamabandi of Khushi Lal Yadav, the grandfather of the petitioner could not have been settled by cancelling the Jamabandi without notice to the petitioner or his father and any proceeding taken behind the back of the person in whose favour the Jamabandi of the tank in question was created is wholly nonest and should be ignored by this Court. 6. From the counter affidavit of the State also it does not appear that any notice was issued to the Jamabandi holder of plot nos.293, 294 appertaining to khata no.110 before cancelling the - 3 - Jamabandi in Cancellation Case No.01 of 1998-99. 7. Having heard counsel for the parties, I direct the petitioner and the private respondent no.6 to appear before the Circle Officer, Chhatapur on 4.12.2009 when the Circle Officer will call for the records of Jamabandi Cancellation Case No.01 of 1998-99 and verify whether any notice was issued and served on the petitioner, his father or his grandfather before cancellation of the Jamabandi and if it appears that without any notice to them the Jamabandi was cancelled then he shall recall the order cancelling the Jamabandi and hear the parties and pass appropriate orders in accordance with law. However, it is made clear that if the earlier order canceling the Jamabandi was passed after hearing the Jamabani holder or his descendents then the settlement made in favour of private respondent no.6 shall stand. 8. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)