(1.) THE fact(s) and the issue(s) raised in all the writ application are common and, as such, they have been made analogous and heard together with the consent of the parties. The order present shall govern them.
(2.) THE petitioners are the descendents of one Dhanesh Mali. They claim settlements of parcels of Gair Majarua Aam land appertaining to different plots under R.S. Khata Nos. 79 and 80 situate in village Gobarachh within Bhagwanpur Police Station in the district of Rohtas sometimes in the year 1972 vide settlement Case Nos. 48 of 1970-71, 221 of 1970-71, 58 of 1979-80, 3 of 1975-76, 5 of 1979-90 and 5 of 1972-73. On objection(s) filed by several persons, the Sub- Divisional Officer, Bhabhua found that the land was recorded as Anawad Sarva Sadharan and Anawad Bihar Sarkar in the Revisional Survey Records and cancelled those settlements/orders of correction of jamabandi. Aggrieved thereby, several writ petitions were preferred before this Court vide C.W.J.C. Nos. 4707, 4711, 4745, 4746, 4778 and 4785 all of the year 1982. By a common order dated 2.4.1983 (Annexure-9 of C.W.J.C. No. 8779 of 1988), this Court set aside those orders and remitted the matter back to the respondent Sub-divisional Officer, Bhabhua with a direction to pass fresh order(s) in accordance with law after hearing each of the petitioners and affording them proper opportunity to place their cases. The writ petitioners were, accordingly, directed to appear before the said respondent. In the light of the said order/direction of this Court, the respondent Sub-Divisional Officer, Bhabhua heard the petitioners and on a consideration of the materials placed before him, passed fresh order(s) for cancellation of jamabandi/settlement on 6.8.1983(Annexure-10 of C.W.J.C. No. 8779 of 1988). Aggrieved thereby, the writ petitioners approached the respondent Collector by filing proceedings bearing Settlement Appeal Nos. 26 of 1983, 27 of 1983, 28 of 1983, 29 of 1983, 30 of 1983 and 31 of 1983. Respondent Collector after hearing the parties by a common order dated 15.6.1987 (Annexure-11 to C.W.J.C. No. 8779 of 1988) dismissed the appeal(s) preferred by the petitioners. Feeling aggrieved, the writ petitioners filed revision applications before the respondent Commissioner, Patna Division vide Revision Case Nos. 116, 117, 118, 119, 120 and 121 all of 1987. The respondent Commissioner, Patna Division, by a common order dated 1.12.1987 (Annexure-13 to C.W.J.C. No. 8779 of 1988) dismissed all the revision application preferred by the petitioners leading to filing of the writ petitions.
(3.) LEARNED counsel for the petitioners submits that the respondent had earlier accepted the claim of the petitioners of possession over the land in question and passed an order of settlement/correction of jamabandi in their names. The respondents were, therefore, not justified in cancelling the same subsequently. The petitioners have, however, not challenged the status of land as recorded in the Revisional Survey Khatiyan as Anawad Sarva Sadharan and Anawad Bihar Sarkar. It is submitted that the petitioners belong to weaker sections of the society and are possession of only small tracts of lands and, as such, they may be entitled to hold the same under diverse circulars of the Government and/or the provisions contained in Bihar Privileged Persons Homestead Tenancy Act.