N.N.TIWARI, J. - (1.) IN this writ petition the petitioners have prayed for quashing the order of the Deputy Commissioner, Dhanbad whereby the said respondent has cancelled the long running Zamabandi standing in the name of the ancestors of the petitioners. The petitioners have also prayed for a direction on the respondents not to forcibly dispossess the petitioners from their Raiyati land measuring an area of 10.33 Acres of Khata No. 95. Plot No. 98 of Mauza -Bhelatand, Govindpur, Dhankad in the name of construction of Water Treatment Plant. It has been stated that the said land originally was Gair Abad Malik recorded in the Khewat of Shib Prasad Singh. The ex -landlord by virtue of Hukumnama dated 31.3.1944 had settled 10.33 acres out of the total area of 21.55 acres in favour of Md. Harkhu Mian, son of late Chiman Mian of village Kasitand, P.S. Govindpur. The said Harkhu Mian came in possession of the said land and also paid rent to the ex -landlord. After vesting of the estate under the provisions of the Bihar Land Reforms Act, 1950, the Zamabandi was opened in favour of the said Harkhu Mian by order dated 11.6.1959 passed in Misc. Case No. 15/6 -61 and on payment of rent, receipt was granted to him. After the death of Harkhu Mian, the petitioners being the successor -in - interest came in possession of the said land. In the meanwhile there was a revisional survey operation in the district of Dhanbad. In the draft record of right prepared in the said survey the petitioner was recorded as raiyat in respect of the said land. The said entry was challenged by the State -respondents under the provisions of Section 87(1) of the Chota Nagpur Tenancy Act in C.N.T. Suit No. 5181/2001. The said suit was dismissed by the judgment and decree dated 26.2.2004. The State respondents then preferred appeal against the said decree before the learned District Judge, Dhanbad being Misc. Appeal No. 77/2004. After hearing the parties, the learned District Judge has dismissed the said appeal by judgment and decree dated 15.2.2008. In spite of the said decree coupled with the entry in the revenue records including Zambandi and entry in the record of right in the name of the petitioners, the petitioner were dispossessed from the said land by the State -respondents and construction of Water Treatment Plant has been made by the respondents without paying any amount of compensation. Though possession has been taken, till date nothing has been paid to the petitioners.
(2.) BY LA. No. 938/2008 the petitioners wanted to bring amendments in the writ petition by adding further developments like the decision of appeal and acquisition of land by the respondents and for appropriate reliefs in the writ petition. In LA. No. 290/2008, the petitioners under the changed circumstances have prayed for a direction on the respondents to pay due compensation for the land forcibly acquired from them.
(3.) WITH the consent of the parties, while hearing the said interlocutory applications, the writ petition has also been taken up for hearing and the same are being disposed of by this order.;