DHARAM DEO KUMAR Vs. STATE

JUDGEMENT

(1.) These two writ petitions filed under Article 226 of the Constitution raise identical issue. The petitions are, therefore, decided by this common order.

(2.) The Petitioners in both these writ petitions claim that they are in possession of the disputed parcels of land of Village Jhamariya, District - Begusarai; particulars of which are mentioned in paragraph 4 of each petition. According to the Petitioners, the disputed parcels of land were settled in favour of their ancestors by the then landlords. The Petitioners inherited the said parcels of land from their ancestors. Thus, the disputed parcels of land are in their possession without any interference for more than 40 years. Over a period of time the said parcels of land were submerged under the river water and were later resumed. The Petitioners, therefore, filed applications for fixation of rent. After appropriate enquiry, by the orders made by the Circle Officer on 10th March 1986 in Land Settlement Case No. 36/85-86, Rent Fixation Case Nos. 20/85-86, 21/85-86, 25/85-86, 30/85-86 & 34/85-86 (Annexure 1 & 1 series to the writ petitions), the rent of the disputed parcels of land was fixed. Since then the Petitioners are in possession of the said lands without interference. Nevertheless, the District Magistrate by impugned order dated 29th October 1993 unilaterally set aside the orders of the Circle Officer without notice to the writ Petitioners.

(3.) In compliance with the order of the District Magistrate the Circle Officer has made consequential orders on 17th January 1994 (Annexure 4 to each petition).