IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11618 of 2008 UPENDRA NARAIN SINGH Versus 1. THE STATE OF BIHAR 2. SECRETARY DEPARTMENT OF LAND REFORMS, GOVERNMENT OF BIHAR, PATNA 3. DEPUTY SECRETARY, DEPARTMENT OF LAND REFORMS, GOVT. OF BIHAR 4. COMMISSIONER, DASRBHANGA DIVISION 5. DISTRICT MAGISTRATE DARBHANGA 6. ADDL COLLECTOR DARBHANGA 7. DY COLLECTOR. LAND REFORMS SADAR DARBHANGA 8. ANCHAL ADHIKARI, BAHERI, DARBHANGA ----------- 6 12.10.2009. Heard learned counsel for the parties. 2. The petitioner has prayed for setting aside order dated 14.2.2008 issued by Addl Collector Darbhanga directing Anchal Adhikari, Baheri not to issue rent receipt in view of star question by some MLAs in year 1986-87. 3. The petitioner states that his ancestors were ex-land lord of of old Khesra no. 2440, area 1 bigha 3 katha and 16 dhurs situated in village Harhachcha Anchal Baheri, Darbhanga. After vesting, the Jama bandi was opened in favour of the ancestors of father of petitioner. Rent was also fixed in their favour vide rent fixation case no. 4 of 1964-65. The respondents have no right to withhold issuance of Rent receipts as proposal to cancel the Jama bandi has been rejected under section 4(h) of the Bihar Land Reforms Act, 1950 (in short the Act). Thereafter the DCLR made an enquiry into the matter and found that the Jama bandi has rightly been created in favour of the petitioner. 4. It would also appear from counter affidavit of State that pursuant to letter no.1002 dated 16.7.2004 of Addl Collector, - 2 - Darbhanga and letter no. 1695 dated 5.11.2004 of Collector, Darbhanga, proceeding under 4(h) of the Act was initiated for cancellation of Jama bandi of petitioner vide the Reconstruction case no. 4/1964-65. Furthermore, on report of Halka karmachari, Anchal Amin and Circle Inspector, Circle officer, Baheri passed an order dated 20.11.2004, (annexure 5) recommending for cancellation of Jama bandi under the aforesaid provision of the Act in respect of Khesras no. 2440 for an area of 1 acre 4 decimals (1-3-16 dhoor) out of total Jama bandi of 7 bigha, 19 kathas and 8 dhoors and accordingly the records were sent to the D.C.L.R. The D.C.L.R. Sadar, Darbhanga after fresh enquiry apparently rejected the proposal on 15.5.2007. The State went in appeal before the Addl collector, Darbhanga vide case no. 2 of 2004-05. the Addl collector, Darbhanga vide order dated 14.2.2006 set aside order dated 20.6.2005 of D.C.L.R. and remanded the matter. Order of D.C.L.R. is contained in annexure 9. Thereafter the D.C.L.R. initiated a proceeding being Rent fixation case no. 4 of 1964-65 under section 4(h) of the Act. The D.C.L.R., Sadar, Darbhanga, after fresh enquiry and appraisals rejected the proposal on 15.5.2007. Now the original records has been forwarded to the State Government for taking decision. However, the same has been returned to the Collector, Darbhanga for taking a decision at his own level. On perusing the records, it appears that a proceeding - 3 - under section 4(h) of the Act was initiated against a portion of Jama bandi created in favour of the petitioner. However the D.C.L.R. did not find sufficient ground for cancelling the Jama bandi and finally rejected the proposal on 15.5.2007. He remitted the record to Collector in view of starred question in State Assembly. The Addl Collector, Darbhanga vide Memo no. 270 dated 14.2.2008 addressed to CO, Baheri directed not to issue rent receipt in view of starred question in Assembly. No appeal or revision has been filed against the order of D.C.L.R. Thus respondents cannot withhold issuance of rent receipts to the petitioner, as Jama bandi created in his favour in the year 1964-65 has not been set aside by any competent revenue court rather the enquiry under section 4(h) of the Act has been rejected. The respondent Circle officer is directed to issue rent receipt to the petitioner, which will be subject to any appeal or revision filed against order of D.C.L.R. rejecting the application under section 4(h) of Land Acquisition Act, 1950. The writ petition stands disposed of with aforesaid observations and directions. Shashi. (Samarendra Pratap Singh,J.)