P. S. Sahay, J.

The petitioner has moved this Court under Article 226 of the Constitution of India for quashing the orders passed by the Land Reforms Deputy Collector (respondent 2) as contained in Annexure 5, cancelling the Jamabandi no. 342 of the petitioner.

2. In order to appreciate the points it will be necessary to state some facts. Khata No. 250; Khesra No. 1007 of Tauzi No. 7368 of village Balha belonged to the then landlord Rai Bahadur Dilip Narain Singh. In the year 1938 Fasli the said plot of land was settled with Doe Mohiuddin by means of receipt. He was a settled raiyat of the village and he acquired the status of an occupancy raiyat. He also paid rent and the petitioner has filed a copy of the rent receipt, marked as Annexure 7. On 10.7.67, the petitioner purchased from Mohiuddin 14 bighas 7 kathas of land out of the total area of 17 big has 8 kathas and 19 dburs of Khata no. 259; 10 kathas was settled with one Charitar Paswan and the remaining area was settled with other persons. The petitioner was in cultivating possession of the land: and he filed a petition on 17.10.70 for mutation before the Anchal Adhikari. Chautham. A copy of the aforesaid petition has been filed along with this application marked as Annexure 6. On receipt of the petition a genera notice was issued Inviting objections by the Sarpanch of the Gram Panchayat on 15.12.70. A copy of the notice has been filed along with this application marked as Annexure 6 (i). The matter was taken up on 26.12.70. No objections was filed and recommendation was made by the Sarpanch of the Gram Panchayat that the land was coming in peaceful possession of the petitioner and, therefore, it should be mutated in his favour. On the same day the Anchal Adhikari passed orders for mutation and for issuance of correction slip. Correction slip was issued and a new Jamabandi no. 342 of Register II was created in favour of the petitioner. A copy of the aforesaid orders has been filed marked all Annexure-6 (ii). Receipts were also granted from time to time by the State of Bihar. A portion of the land was slopy and rain water used to accumulate there, and the petitioner started rearing fishes and also excavated earth from the portion of the laud, and the remaining plot was used for the purpose of cultivation, for growing paddy.

3. On 21.6.76 notice under section 10 (2) of the Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1976. regarding these 14 bighas and odd was served on the petitioner and subsequently the land was released in favour of the petitioner. The petitioner was surprised to learn that the pond belonging to him had been settled with one Raghunandan Rai for the year 1977-78 for a sum of Rs. 161/-by the State (vide order sheet dated 23.8.77 Annexure 1), though it was his exclusive property, and without notice to the petitioner. The petitioner obtained certified copy of orders of the Anchal Adhikari and the Sub-divisional Officer, Khagaria, relating to the settlement. Copy of the same have been filed along with this application marked as Annexure 2. Against the aforesaid settlement the petitioner moved this court in C.W.J.C. 1983 of 1978. The order of settlement has been stayed and the writ is still pending for final hearing. The Anchal Adhikari cum Block. Development Officer wrote to the Sub-divisional Officer, Khagaria that the petitioner had been trying to interfere with the possession of the person who had taken the pond on bid and therefore, necessary help may be given to him. Copies of the letters have been filed along with this application, marked as Anncxure-3 and 4.On 19.9.78 a copy of the order dated 15.7.78 of respondent 2 along with the order of the Sub-divisional Officer, Khagaria was served on the lawyer of the petitioner, and then he was surprised to learn that the Jamabandi for his land had been cancelled. Soon thereafter an application was made for certified copy of the order-sheet, and after it was obtained the p