- (1.) Heard learned counsel for the parties. The petitioners have sought issuance of direction upon the respondents for restraining them to interfere in the petitioners' possession over the Plot Nos. 2770 & 2771 of Khata No. 2 having area of 39 decimals as they have proceeded to make construction over the land belonging to the petitioners.
(2.) These petitioners had earlier came before this Court in CWJC No. 2826/1997 (R) Ed.-- with a prayer that land belonging to the petitioners has been shown as surplus land by issuance of notification published under Section 15(1) of Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961. The said writ petition was, however, dismissed by learned single Judge against which the petitioner had preferred Letters Patent Appeal being L.P.A. No. 441 of 2005, which was heard and disposed of vide order dated 26.4.2007 with the following terms, which is quoted hereinbelow:-- With the consent of the parties the main matter is taken up for final disposal. The petitioners-appellants have filed the writ petition praying for quashing of the final publication made under Section 15(1) of Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 declaring that two plots of land owned by the petitioners-appellants are the surplus lands. The learned single Judge dismissed the writ petition on the ground that the names of the petitioners-appellants have not been entered in the relevant records and as such the above publication made under Section 15(1) of the Act cannot be said to be invalid. On going through the records and also on considering the submissions made by the counsel for the parties, it is clear that the stand of the Government is that the documents, namely, the Sada Hukumnama and the rent receipts possessed by the petitioners-appellants were not genuine. Accepting this argument learned single Judge dismissed the writ petition. There is no dispute in the fact that Sada Hukumnama is of the year 1942 and the rent receipts are upto the year 1966. Admittedly, the department concerned did not conduct enquiry with reference to the rent by giving opportunity to the petitioners-appellants. Therefore, we feel that this L.P.A. can be disposed of on a short ground that the petitioners-appellants are entitled to get an opportunity to establish before the concerned authority the genuineness of Sada Hukumnama which is of the year 1942 and the rent receipts which are upto the year 1966 to prove their claim. Therefore, the Deputy Commissioner, Gumla is directed to hold an enquiry and then decide the issue after giving an opportunity of hearing to the parties within a period of six months from the date of receipt of a copy of this order. With the aforesaid observations/directions the appeal is disposed of.
(3.) According to the petitioners, they represented before the Deputy Commissioner as per the direction passed in the L.P.A. No. 441 of 2005. However, the petitioners have made categorical statement in para-22 of the instant writ petition that the Deputy Commissioner has not disposed of the said application till date while the respondents have started taking steps for construction of building over the petitioners' land, which is in violation of direction passed in the said L.P.A.;