RAJ KUMARI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS is an application for quashing the order dated 19.2.2006 passed by the S.D.C. Begusarai in Case No. 56 of 2006 by which a proceeding under Sec. 144 of the Cr.P.C. was initiated and further the order dated 21.2.2006 by which the proceeding was converted into under Sec. 145 of the Cr.P.C. and also attaching the subject of the dispute u/s 146 of the Cr.P.C. and thereby appointing a receiver within the aforesaid Sec. 146 of the Cr.P.C. The case of the petitioners is that they were living in their houses after constructing the houses on the plot in question. They purchased the aforesaid land from one Arbind Narain Agrawal in the year 1985 and have been paying the rent to the Government of Bihar. The case of the petitioners is that after purchasing the lands on 14.2.1985 they are living in their respective thatched houses peacefully and without any interruption. It is further submitted that in the year 1985 a proceeding under Sec. 4(h) of the Bihar Land Reforms Act, 1950 (hereinafter referred to as the 'Act ') was initiated in respect of the lands in question, which was dropped in view of recommendation of the D.C.L.R., Begusarai based on the report of the Anchal Adhikari and no further action was taken. The recommendation of the D.C.L.R. is Annexure -5. Thereafter, in the year 1989/90 another proceeding was started under Sec. 4(h) of the Act which also ended as the revenue authority turned down the recommendation of the D.C.L.R. for cancellation of Zamabandi opened in the names of respective raiyats as being full of lapses, short comings vagueness and wanting necessary informations, a copy of the order is at Annexure -6 to this application. After the aforesaid order of the Government authorities vide Annexure -6, the D.C.L.R., Begusarai issued fresh notices to the petitioners alongwith nine others who appeared third time in 4(h) Case No. 1 of 1989/90.

(3.) THE petitioners filed C.W.J.C. No. 445 of 2002 before this Court which was allowed by a Bench presided over by Hon ble Mr. Justice Aftab Alam vide order dated 29.4.2005, a copy of the said order is annexed as Annexure -7 to this petition.