Anubha Rawat Choudhary, J. - (1.) Counsel for the petitioners is absent.
(2.) Heard Mr. Shamim Akhtar, learned counsel appearing on behalf of the respondents.
(3.) This writ petition has been filed by the petitioners for the following reliefs:- "For a direction for quashing the order dated 17.07.2001 (Annexure-8) passed by the Respondent, Deputy Commissioner and whereby and whereunder in a proceeding relating to cancellation of Jamabandi which was itself against the statutory provisions of the Bihar Tenancy Holding (Maintenance of Records) Act, 1973, an order of cancellation of settlement under section 4 (h) of the Bihar Land Reforms Act, 1950 has been passed although, no proceeding under section 4 (h) was ever initiated nor any notice for cancellation of settlement was ever issued or served either upon the settlee or the petitioners who are the purchaser from the settlee by virtue of registered sell seed and subsequently their mutation application was allowed evident from the correction slip provided to them they have been paying rent to the State, more ever in respect of said land a settlement case has been instituted by one Sukra Oraon that was decided on 04.03.1959 (Annexure-1) in favour of Ex-landlord settlee. The respondents ought to have taken into consideration that in respect of said Khata plot a title suit had been filed as Title Suit No.280/34 of 1964-65, finally decided on 29.06.1965, decided in favour of plaintiff, then settlee preferred appeal in the said matter vide title appeal no.59/6 of 1965-66, which was decided in favour of the settlee ex-landlord and decree was passed, declaring title in favour of settlee, even though the respondents dare to proceed and passed the said order. The respondents also ought to have considered the provisions laid down in such matter in Bihar Tenants holding maintenance (maintenance of record Act 1973).";