AMARESHWAR SAHAY, J. - (1.) IN the present writ application the petitioner has prayed for quashing the letter dated 9.12.1996 as contained in Annexure -6 to the writ application, issued by the Deputy Commissioner, Giridih to the Joint Secretary to the Government of Bihar, Revenue and Land Reforms Department, Patna whereby, on the basis of the enquiry report dated 1.9.1984, of the then Joint Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna remanding the case to the Court of Land Reforms Deputy Collector, Giridih for fresh hearing of the case i.e. State of Bihar V/s. Sri Sobhi Sundi and Ors. under Sec. 4(h) of the Bihar Land Reforms Act, 1950 , with respect to the lands of in plot No. 904 area 38 decimals and plot No. 905 area 3.19, acres total area 3.56, in village Kharkho, P.S. Jamua, District Giridih and also the order dated 13.12.1996 as contained in An -nexure -7 passed the Land Reforms Deputy Collector, Giridih who consequent to the order passed by the Deputy Commissioner, i.e. Annexure -6, issued notices to the parties.
(2.) THE case of the petitioner is that the plot No. 904 bears an area of 38 decimals which is a part of Khata No. 36 of village Kharkho was recorded as "Bhind" In the records of rights published in the year 1935, whereas the plot No. 905 which is also a part of Khata No. 36 was recorded as "Ahar" in the said record of rights. Accordingly to the petitioner, the above lands. were changed their character after publication of record of rights while the then landlord submitted his return at the time of vesting of estate on 20th March, showing the aforesaid land as "Dhankhet". The then land lord sold one half portion of the above lands to one Etwari Mahato and one half to Somar Sundi. Etwari Mahato sold his one half share of the aforesaid plot i.e. 904 and 905 to Nagesdhwar Mandal and Dwarika Mandal by a registered sale deed dated 11.6.1969 and accordingly the purchasers came in possession of the aforesaid lands purchased by them. The further case of the petitioner is that lands, which were in their possession, had already changed Its character and they were cultivating the same. It is stated that some of the villagers filed objection on the ground that the lands were illegally settled with the petitioner and therefore, enquiry was conducted by the Circle Officer, Giridih who reported to the Deputy Collector, Land Reforms that the lads in question (sic) "Ahar" and "Bhind" had ceased to exist long before the Bihar Land Reforms Act came into force and that the purchasers were in possession of the aforesaid lands as their raiyati lands and no sarait Interest is left in the land to enable the State to interfere. On the basis of the report of the Circle Officer, the Land Reforms Deputy Collector rejected the objection filed by the villagers. The appeal against the said order of the Deputy Collector was dismissed by the Additional Collector, Giridih, by order dated 21.8.1971. It is further stated that the subsequently again some villagers filed objection in respect of the above lands and further enquiry was conducted but again it was found that lands have changed their character and they have been accepted as Raiyati lands since long. The Deputy Commissioner also accepted the report and directed the lands to be treated as Raiyati lands of the purchasers and accordingly the direction was made that the rent as assessed for the lands be accepted from the purchasers.
(3.) THEREAFTER at the instance of the State Government a proceeding under Section 4(h) of the Bihar Land Reforms Act, 1950 , was initiated in respect of the aforesaid lands before the Land Reforms, Deputy Collector who by his order dated 26.12.1985 held that the proceeding is not fit to continue as the lands in question were Raiyati Lands of the purchasers and the provisions of Sec. 4(h) of the Bihar Land Reform Act, 1950, is not applicable. The said order of the Deputy Collector, Land Reforms has been annexed as Annexure -4 to the writ application.;