NAND KISHORE RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants, learned counsels for the State and for the writ petitioners-respondent Nos. 9 and 10.

(2.) The present appeal has been filed challenging the order dated 03.11.2009 passed by a learned Single Judge of this Court in CWJC No. 14336 of 2009 by which the writ application was disposed of and the respondent-District Administration, Bhagalpur as also the Circle Officer, Narayanpur, Bhagalpur were directed to ensure that the possession of the petitioners over the lands retained by them in ceiling proceeding under Section 9 of the Act is not disturbed in the light of the order passed in the ceiling proceeding after reopening.

(3.) The appellants before us are the purcha-holders to whom purchas were distributed on 14.12.1998. Prior to the said date, the writ petitioner-respondents being aggrieved by the order dated 01.06.1982 of the Collector under the Act grating four units only and rejecting the claim for more units had moved this Court by filing CWJC No. 449/1983 which was disposed of by order dated 24.04.1991 with the liberty granted to file an application under Section 45B of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961 (hereinafter to be referred as "the Act") in the year 1991. The petition accordingly filed by the land-holder was numbered as Petition No. 142 of 1991-92. The said petition was dismissed by order dated 27.10.1995 holding that the Collector had no authority to reopen the case under Section 45B of the Act, but in CWJC No. 10978 of 1995 assailing the said order, the same was set aside by order dated 29.02.1996 of this Court and the Collector was directed to dispose of the matter in accordance with law. It was during the pendency of the said proceeding under Section 45B of the Act that the purcha were distributed to the appellants and others. Ultimately, in the proceeding under Section 45B, the Collector granted two more units apart from four units earlier granted. While reopening the proceeding under Section 45B, the Collector had, by order dated 19.06.2007, granted stay of issuance of purcha which was reiterated by the Additional Collector by letter dated 25.10.2007 staying the distribution of the land to the purcha-holders holding that the earlier Gazette stood automatically repealed on account of the reopening of the ceiling proceeding. It was claimed by the writ petitioners that the land remained in their possession for which reference was made to various orders of different authorities directing the officials to take steps as per law with regard to disturbance being caused by the purchaholders, whereas the stand of the appellants purcha-holders is that pursuant to the distribution of purcha, they have been put in possession and not only that, even rent receipts had been issued to the purcha-holders by the revenue authorities.