The petitioners seek quashing of the letter no. 1015 dated 27.09.2006 issued by the Collector to the District Sub Registrar, Aurangabad as well as memo no. 1016 dated 27.09.2006 to the Anchal Adhikari, Aurangabad and the notice issued in Demand Cancellation Case No. 3/06-07, as contained in Annexures 6 series. The petitioners also challenge the order dated 27.02.2007 passed in Miscellaneous Case No. 158/2006 by the Collector, Aurangabad whereby the application filed by the original petitioner(since deceased) against the aforesaid notice issued regarding cancellation of Jamabandi has been dismissed and the Collector has refused to pass any order for modification of the aforesaid direction as well as recall of the notice issued in the Demand Cancellation Jamabandi case saying that if the petitioner is aggrieved it would be open for her to move before the Commissioner of the Division.

2. It is relevant to state here that the original petitioner Mostt. Madhuri Devi alias Kuer had died during the pendency of this application and, vide order dated 23.04.2012 passed in I.A. No. 8003 of 2011, her name was expunged and in her place her heirs and legal representatives have already been substituted.

3. It would be necessary to discuss the factual matrix of the case in brief. The original petitioner claimed that the grand father of her husband, late Rameshwar Prasad Gupta, had acquired 3.3 acres of land of plot no. 354 appertaining to khata no. 192 situated by the side of G.T. Road in the town of Aurangabad in auction sale. The land was transferred through a registered deed dated 07.09.1936 by Gait High School in favour of the original petitioner(since deceased), a copy of which has been appended as Annexure 1. Upon complaint made by of some private persons an encroachment proceeding was initiated against the grand father of the husband of the original petitioner which was numbered as Case No. 4/77-78. However, the same was dropped by the then Collector, Aurangabad vide order dated 08.02.1978 as contained in Annexure 2. While passing such order the Collector, Aurangabad has observed that the concerned auction sale was held after the matter was considered by the Managing Committee of the school and the petitioner has remained in possession of the land concerned for about last 40 years and, thus, his possession can only be held to be in accordance with law. The aforesaid order passed by the Collector was not challenged by the State authorities, however, some private person challenged that order by preferring an appeal before the Commissioner of Patna Division. The Commissioner held that, since the validity of such sale deed executed in favour of the petitioner had not been considered while taking the decision, the matter was required to be remitted back to the Collector for fresh consideration. The aforesaid order of the Commissioner dated 29.06.1979 was challenged in C.W.J.C. No. 1774 of 1979. The aforesaid writ petition was allowed, and the impugned order was set aside. However, it was observed that if the Government, either the State or the Central, feels aggrieved by the order passed by the authorities then the proper remedy would be to go before a civil court of competent jurisdiction and not to agitate the same in a summary proceeding. The State authorities again did not prefer any appeal against the aforesaid order passed by the learned Single Judge of this Court, however, some of the private respondents preferred L.P.A. No. 51 of 1981 which was also dismissed on 20th of April, 1984 holding that it could not be demonstrated either by the State authorities or by the appellant that the land in question, recorded in the cadastral survey record of rights as “Kaisare Hind” land, however, despite the execution of sale deed and possession of petitioners, retained the character of public land. Subsequently the names of the petitioner’s husband and others were entered in the municipal record of Aurangabad Nagarplika. In support of such con