SUJIT NARAYAN PRASAD,J. - (1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder following prayers have been made : (i) to quash the entire proceeding with respect to Misc. Case No.07/2016-17 including the order dated 11.07.2017 passed by the respondent authorities by which the recommendation has been made by the Deputy Commissioner-cum-Collector to respondent No.4 for cancellation of the jamabandi created in favour of Rajmata Gunjeshwari Devi Inter College, Ranka in exercise of power conferred under Section 4(h) of the Bihar Land Reforms Act, 1950 ; (ii) to quash the order dated 24.07.2018 passed by the Deputy Commissioner-cum-District Magistrate, Garhwa whereby and whereunder the jamabandi created in favour of the Rajmata Gunjeshwari Devi Inter College, Ranka over the land of Khata No.276, Plot No.1367 has been cancelled.
(2.) The brief facts of the case of the petitioner as per the pleadings made in the writ petition is that the land in question since was in possession of Ranka Estate and at the time of vesting of intermediary interest, a return was filed by the Ranka Estate showing some land in Khas possession only through himself or through his co-sharers, one Gorakshan Prasad Singh was one of the share-holders of the intermediary of Ranka Estate and after vesting the intermediaries interest in the Estate, the authority has found that the said Gorakshan Prasad Singh is in Khas possession of land of 2.86 acres of Plot No.1367, Khata No.276 of Village-Ranka besides other lands.
(3.) The land in question has been settled in favour of Gorakshan Prasad Singh after initiating a proceeding under the Bihar Land Reforms Act, 1950 in terms of Sections 5, 6 and 7 of the Act and fair and equitable rent has been determined and Form-M was issued and rent was fixed with respect to different plots of Khata No.276 and different plots including Plot No.1367 having an area of 2.86 acres and fair and equitable rent has been determined. After determination of fair and equitable rent in terms of Bihar Land Reforms Act, 1950, the State Government has recognized Gorakshan Prasad Singh as the occupancy raiyat in terms of Section 6 of the Act, 1950 and entered his name in the Demand Register-II in Ranka Anchal, in view thereof, Gorakshan Prasad Singh continued his right, title and possession over the land and continuously paid the rent to the State Government and obtained rent receipt thereafter.;