- (1.) THE petitioner by way of filing present petition under Article 226 of the Constitution of India has prayed for quashing of the order dated 4.2.2013(Annexure -3) passed by the respondent no.2 in Suspicious Mutation Case No. 27 of 2010 -11 whereby the respondent no. 2 remitted the matter back to take steps for cancellation of Jamabandi to the respondent no.3
(2.) HEARD the learned counsel appearing for the petitioner as well as the respondents State -Government. Perused the impugned order as well as other materials placed on record. It appears that proceedings were initiated by the Circle Officer, Bero on the basis of the report submitted by the Halka Karamchari and thereby the Circle Officer has recommended the matter to the Deputy Collector, Land Reforms Sadar Ranchi for cancellation of Jamabandi. On perusal of the order passed by the Deputy Collector, Land Reforms, Sadar,Ranchi it transpires that after considering the facts of the case as also after giving reasonable opportunity to the parties , the learned Deputy Collector, Land Reforms thought it fit and proper to remit back the matter to the Circle Officer for conducting afresh inquiry under the provision of Bihar Land Reforms Act, 1950.
(3.) THE learned counsel appearing for the petitioner submitted that the Circle Officer has no authority to initiate such proceeding and therefore, the order passed by the Deputy Collector, Land Reforms for remand of the case is also not sustainable in the eyes of law. It is further submitted that settlement was made in favour of the petitioner on 5th October, 1943 i.e. prior to cut -off date on 1.1.1946 as provided section 4(h) of B.L.R.Act 1950;