SURYADEO SINGH Vs. DEPUTY COLLECTOR LAND REFORMS

JUDGEMENT

(1.) In this writ application the petitioners have prayed for quashing of an order dated the 22nd September, 1975, marked as Annexure 9 to this writ application, passed by the Deputy Collector, Land Reforms, Dinapur (Respondent No. 1), postponing passing of final orders in Batai Case No. 250 of 1874-77 in which a compromise petition has been filed by the parties, on the ground that certain ceiling cases involving the same lands are pending.

(2.) The aforesaid prayer has been made on the following averments made in the writ application:

(3.) The petitioners have also filed three supplementary affidavits stating therein that the petitioners have less than four acres of land and respondends No. 2 to 11 have 227 acres of land : that respondent No. 2 had also filed a petition before respondent No. 1 in Land Ceiling Case No. 8 of 1973 stating that on most of his land there are Bataidars: and that on the basis of that petition, by a notification published in the Patna District Gazette (Extraordinary) dated the 21st June, 1976, the surplus land of respondent No. 2 was notified, from which it is apparent that the lands claimed by the petitioners in Batai Case No. 250 of 1974-75 have been decared as surplus lands. It is further stated in one of the supplementary affidavits, that, on the basis of the above facts and on the basis of the fact that Land Ceiling Cases No. 1 to 8 of 1973-74 have been disposed of, the petitioners filed an application (Annexure 10) before respondent No. 1, for passing final orders in the Batai Case, and on this petition respondent No. 1 ordered that as a writ case is pending in the High Court, no order can be passed in the matter-vide copy of the order at Annexure 11.