NARENDRA NATH TIWARI, J. - (1.) IN this writ petition the petitioner has prayed for a direction on the respondent No. 3 to proceed and to dispose of the Land Ceiling Case No. 3/07 -08 filed by the petitioner under Section 16(3){ii) of the Bihar Land Reforms (Fixation to Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the said Act') expeditiously. He has farther prayed for quashing the order dated 20.11.2007 passed by the Sub -Divisional Officer, Dhalbhum, Jamshedpur in exercise of purported power under Session 144, Cr PC.
(2.) THE case of the petitioner is that he had filed the said land ceiling case before the DCLR, Dalbhum, East Singhbhum on the ground that he is the adjoining raiyat of the lands of Plot Nos. 147, 148 and 149 under khata No. 458 and Plot No. 143 under khata No. 456 of Mouza -Pardih, P.S. -Mango, Jamshedpur (East Singhbhum) and the said lands were transferred in favour of the respondent Nos. 10 -12, who is neither a co -sharer not an adjoining raiyat He had deposited the amount of consideration with additional 10% thereof as required under the law. On depositing the amount, the petitioner prayed for possession of the lands as provided under Section 16(3)(ii) of the said Act. The respondent No. 3 did not pass final order under Section 16(3)(iii) and only directed to maintain status quo. The dispute regarding possession of the lands gave rise to another proceeding under Section 144, Cr PC before the Sub -Divisional Officer, Dalbhum, Jamshedpur being Misc. Case No. 807/07. The said proceeding strangely concluded in unusual haste within a period of about two weeks.
(3.) THE petitioner was restrained from going over the said lands ignoring the proceeding of land ceiling and provision of law under Section 16(3)(ii) of Ceiling Act. While deciding the said proceeding, the SDM overstepping his jurisdiction, unnecessarily made observations relating to the right, title and possession. Aggrieved by the said order, the petitioner has filed this writ petition.;