JHULAN BATTHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application was filed nearly three decades ago by the petitioners, who claim to be landless. There was an order passed on 10.10.1983, by the Land Reforms Deputy Collector, Gopalganj, upholding the certificates issued by the Bhoodan Yagna Committee (hereinafter referred to as the Committee) under the Bihar Bhoodan Yagna Act, 1954 (hereinafter referred to as 'the Act'), settling Bhoodan lands in question, in favour of the private respondents; with a direction to the Circle Officer, Gopalganj to fix the rent accordingly. An appeal preferred by these petitioners before the Additional Collector, Gopalganj, giving rise to Miscellaneous Case No. 23 of 1983-84 came to be disposed of by an order dated 06.07.1987, whereby the said order of the Deputy Collector Land Reforms dated 10.10.1983, was set aside. The matter was remanded back to the Deputy Collector Land Reforms for taking a decision afresh. The Deputy Collector Land Reforms again upheld the decision of the Committee to settle the land in favour of the contesting respondents, by an order dated 16.12.1989. In the meanwhile, the contesting respondents had filed a revision petition before the Board of Revenue, Bihar, against the order of the Additional Collector, Goaplganj passed in Misc. Case No. 23 of 1984-83, which was dismissed on 11.01.1989. An appeal was preferred against the order of the Deputy Collector Land Reforms dated 15.12.1989 before the Additional Collector, Gopalganj. The Additional Collector, Gopalganj by an order dated 25.05.1990 again set aside the order dated 15.12.1989 of the Deputy Collector Land Reforms and asked the Circle Officer, Bhore to cancel the jamabandi created in the name of the contesting private respondents. The opinion of the Deputy Collector Land Reforms that the petitioners could have approached Bhoodan Yagna Committee for the relief which they were seeking was turned down by the Additional Collector, Gopalganj on the reasoning that the Revenue Officer was the competent authority under Sections 22A and 23A of the Act. A revision petition was preferred before the Commissioner, Saran Division, Chapra, by the contesting respondents against the said order of the Additional Collector dated 29.05.1990. The Divisional Commissioner reached a conclusion that the certificates granted in favour of the private respondents could not be cancelled by the Bhoodan Yagna Committee, having no such authority under law and that such power vested in the Revenue Officer only, under Section 21 of the Act. The Commissioner, Saran Division, accordingly confirmed the order passed by the Deputy Collector Land Reforms dated 16.12.1989 and allowed the revision application, by his order dated 18.04.1991, after setting aside the order of the Additional Collector dated 29.05.1990. In the above background, this writ application has been filed seeking quashing of the aforesaid orders dated 10.10.1983 and 16.12.1989 passed by the Deputy Collector Land Reforms and the order dated 18.04.1991 passed by the Divisional Commissioner, Saran Division.

(2.) I have heard Mr. Pramod Kumar Singh, learned counsel for the petitioners, Mr. Ashutosh Ranjan Pandey, learned AAG-15 assisted by Mr. Rakesh Narayan Singh, learned AC to AAG-15, representing the State of Bihar and Mrs. Alka Verma, learned counsel appearing on behalf of Bihar Bhoodan Yagna Committee. I have also heard Mr. Raghavanand, learned counsel representing the private respondents.

(3.) Counter affidavits have been filed on behalf of the respondents which are there on record. This is to be noticed that though private respondents have entered appearance, no counter affidavit has been filed on their behalf.