ANIL KUMAR CHOUDHARY,J. - (1.) Heard Mr. Jitendra Shankar Singh, learned counsel for the petitioners and Mr. Atanu Banerjee, learned counsel for the respondents.
(2.) This writ petition has been filed with a prayer for quashing the order dated 17.03.2003/29.03.2003 passed in Revenue Miscellaneous Case No. 1/2002-2003 by the Sub-Divisional Officer, Jamtara whereby and where under he has cancelled the settlement of Plot No. 1044, Khata No. 3, made in favour of the petitioners in the year 1975-76 and for issuance of writ of mandamus restraining the respondents from taking the land of the petitioners without adhering to due process of law and other reliefs.
(3.) The brief facts involved in this writ application is that the plot No. 1044, Khata No. 3 having total area of 25.50 acres was recorded as 'Pahar' in the khatiyan. An area of 1.55 acres has been settled in the name of Rukmini Devi, mother of petitioner No. 1 vide Settlement Case No. 174 of 1979-80. Rukmini Devi died in the year 2002 and since then petitioner No. 1 is in possession of the aforesaid land. The petitioner No. 2 has been settled with 3.51 acres of the aforesaid plot vide Settlement Case No. 436 of 1977-78 and since then she is in peaceful possession over the said land. The petitioners after settlement of the aforesaid land have started cultivation and growing crops like Kurthi, Kodo, Madua, Kudrum and have also planted trees on the aforesaid land.;