- (1.) The order passed by the learned single Judge on 4.10.2002 clearly indicates that on the application filed by the writ petitioner, the concerned authority was directed to search out the record and Gazette notification and to start a de nevo proceeding as required under the law and conclude the same within a period of six months thereafter.
(2.) It is stated in paragraph No. 8 of the counter-affidavit filed by the respondent-State that in pursuance of the order dated 4.10.2002 passed in CWJC No. 3304/1996R, the LRDC, Daltanganj, started de novo proceeding after serving notice on the parties concerned and that after calling for and considering the report from the Circle Officer, Chainpur, about the land in question and after hearing parties, final conclusion had been arrived at and the proceedings were dropped on 20.6.2003. As a matter of fact, the LRDC held that the landholders held 212.60 acres of land and there were ten persons eligible to be treated as family, each being entitled to retain 45-00 acres of class-III land and thus, there was no surplus land in the family of Ram Janam Tiwary. Hence the proceeding was dropped.
(3.) Admittedly the order dated 20.6.2003 passed by the LRDC has not been challenged before this Court. On the other hand, the order passed by the learned single Judge on 4.10.2002 in CWJC No. 3304/1996R has been challenged in this LPA and in the meantime, the LRDC has finally passed order on 20.6.2003 in pursuance of the order dated 4.10.2002. If the appellants were aggrieved, they had to file necessary application against the order dated 20.6.2003 passed by the LRDC in compliance with the order passed by the learned single Judge on 4.10.2002.;