- (1.) Seeking quashing of order dated 26.06.2012 in Revenue Misc. Case No. 03 of 201112, the petitioners have approached this Court by filing the present writ petition.
(2.) The brief facts of the case are that, in the proceeding under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, the petitioners were allowed 3 units vide order dated 14.04.1978 by order of the Deputy Collector, Land and Ceiling. The petitioners moved an application before the Circle Officer for mutation of their names, in which notices were issued. Later on it transpired that the respondent no. 6 filed an application before the Deputy Collector Land Reforms, for mutation of their names in the Revenue Record. The petitioners also preferred objection before the Deputy Collector Land Reforms in the application filed by the respondent no. 6 however, vide order dated 11.07.1997, the learned Deputy Collector Land Reforms allowed the application filed by the respondent no. 6. The petitioners preferred appeal which was dismissed vide order dated 02.12.1997 by the Additional Collector and the revision preferred by the petitioners has been dismissed as not maintainable vide order dated 10.04.2002. Aggrieved, the mother of the petitioners approached this Court in W.P.(C) No. 4040 of 2002 which was disposed of vide order dated 12.02.2007 observing that the dispute between the parties would be decided by the Civil Court on the basis of materials on record. Vide order dated 10.09.2007 in L.P.A. No. 134 of 2007, the order passed by the Writ Court was affirmed and the the L.P.A. was disposed of. It appears that the respondent no. 6 moved an application in pending suit being T.S. No. 07 of 1997 seeking permission of the Court to withdraw the suit vide order dated 17.11.2011 and the respondent no. 6 was permitted to withdraw the suit. Thereafter, the petitioners approached the Deputy Collector Land Reforms by filing an application with the prayer for removing the name of the respondent no. 6 from the RegisterII and for entering their name in the Revenue Record. The application filed by the petitioners has been dismissed vide order dated 26.06.2012 and therefore, the petitioners have approached this Court.
(3.) Heard the learned counsel for the parties and perused the documents on record.;