IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.970 OF 2007 VINOD MISHRA @ MAHANT VINOD DAS VERSUS (1) THE STATE OF BIHAR (2) COLLECTOR, DARBHANGA (3) LRDC, DARBHANGA (4) CO, BAHADURPUR ( 5) CO, DARBHANGA SADAR AND (6) SP, DARBHANGA. ----------- 4 28.01.2009. Heard learned counsel for the parties. The prayer of petitioner is to restrain the respondents from forcefully interfering with possession of petitioner. Two different documents contained in annexure 5 as well as annexure 6 unfurls conflicting evidence whether Basgit Purcha was issued in respect of land contained in Khata no. 126, Khesra No. 76, 85 and 261 situated in village Sonaki in Darbhanga Sadar block, belonging to the petitioner. Petitioner submits that final notification under section 11 of the Ceiling Act would show that the aforesaid land belonged to the petitioner’ mother. Furthermore, Basgit purcha is said to be issued to the tenants vide case no.5/97-98 and 6/97-98 in respect of some of aforesaid land. The Collector of Dharbhanga District vide letter dated 28.10.2006 wrote to the Circle officer, Bahadurpur to ensure handing over of possession to the Purcha holders in view of letter no. 2023 dated 10.10.2006. The petitioner states that neither he nor his mother was noticed before issuing Purcha. Only when some persons tried to interfere with her possession on the basis of alleged purchas, she filed an application dated 10.1.2007 before Anchal Adhikari, Darbhanga, Sadar seeking - 2 - information whether any purcha was issued in respect of the aforesaid land vide case no. 5/97-98 and 6/97-98. The Circle officer made an endorsement on application seeking information that no purcha was issued in respect of the aforesaid land in case noted above. The aforesaid information received from Anchal office has been appended as annexure 6 to this application. The petitioner further submits that she cannot be dispossessed without adopting due procedure under the Ceiling Act. The issue appearing before this Court is whether Basgit purchas have in fact been issued in respect of land pertaining to Khata No. 126 bearing Khesra no. 76,85 and 261 of village Sonaki Anchal, Darbhanga. As such, the writ petition is disposed of with observation that Collector, Darbhanga will make an enquiry and pass appropriate order after hearing the parties, preferably within four months from today. In the meantime, status quo as of today will be maintained till passing of appropriate order by Collector, Darbhanga. Shashi. (S.P.Singh,J)