- (1.) The petitioners, by way of filing this petition under Article 226 of the Constitution of India, have prayed for quashing and setting aside the order dated 7.2.2007 (Annexure-9) passed by the Additional Collector, Ranchi.
(2.) Brief facts of the case is that the land situated at village - Pirra Anchal Kanke pertaining to Khata No. - 129 having different Plots was recorded as Gairmuzurwa Malik which was settled before 01.01.1946 by Hukumnama in favour of the petitioner and he regularly paid the rent to the ex-landlord and subsequently, to the state of Bihar as Zamabandies were opened in the year 1962. Upon the direction of respondent No. - 4, The S.D.O., Ranchi initiated a proceeding U/s 4(h) Bihar Land Reforms Act 1950 and the S.D.O., Ranchi Vide order dated 24.06.1985 hold the claim of the settlees genuine and further referred the matter to the A.C., Ranchi with observation that before passing any final order legal opinion of the Government pleader is necessary. On reference of the matter the government pleader opined that the order of the learned S.D.O. is according to law in which he has recommended for dropping the proceeding for cancellation of Zamabandi. The A.C., Ranchi referred the matter to the Department of Revenue, Government of Bihar through D.C., Ranchi for concurrence and the same was confirmed vide letter dated 24.10.1986. Subsequently, the D.C.L.R., Ranchi received a letter No. - 74 dated 28.04.1987 issued by the A.C., Ranchi in light of the order dated 03.04.1987 passed by D.C., Ranchi whereby the D.C., Ranchi declared the order of the state Government without jurisdiction and disagreed with the findings recorded by the S.D.O., Ranchi and directed the D.C.L.R., Ranchi to proceed with the enquiry U/s 4(h) Bihar. The D.C. L.R., Ranchi conducted the proceeding duly by examining thematerials on records examining the oral witnesses and ultimately vide order dated 01.07.1988 hold that the settlement by the ex-landlord is genuine and is not covered by mischief contemplated U/s 4(h) Bihar Land Reforms Act 1950 and thus found the proceeding worth dropping and recommended for the same to the A.C., Ranchi. But the A.C., Ranchi kept the matter pending for several years and ultimately a writ vide No. W.P.(C) No. - 4991/2005 preferred and the same was disposed of with a direction to A.C., Ranchi to decide the case No. - 01/1982-83 within a period of two months from the date of receipt/production of copy of this order and if the said case is not disposed of by the respondent with the said period, the same shall stand terminated on the lapse of the said period. The A.C Ranchi vide order dated 07-02-2007 ordered for cancellation of jamabandi of the petitioner and the record was sent to the D.C Ranchi for grant of permission.
(3.) The learned counsel for the petitioners submitted that the land in question was settled in favour of the present petitioners way back in the year 1946 i.e. prior to appointed day and this very fact also clearly reveals from the order of the learned S.D.O who after perusing the material produced before him observed in its order that the concerned Raiyat got the Raiyati settlement of lands by way of Sada Hukumnama even before 1946 and the State has also recognized the tenancies during the year 1962 to 1963 and granted rent receipts.;