R.K.Datta, J. – Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners seek quashing of the order dated 16.12.1991 passed by the respondent Collector, Purnea in Misc. Ceiling Case Nos. 141/1984-85 and 140/1984-85, by which he has cancelled the settlement of 14 decimals of land with respect to petitioner Nos. 1, 2 and 3, and 47 decimals of land with respect to petitioner No.4 and further for quashing the proceedings initiated under the Public Land Encroachment Act in Case No.5/1991-92 consequential upon the order of the Collector.

3. The petitioner Nos. 1, 2 and 3 purchased the Nagadi Sikmi rights of lands by registered sale deed dated 16.6.1965 from Sri Chirangi Lal Kedia and Sri Jagdish Prasad Kedia, both residents of village Jalalgarh, bearing Khesra No.632/2931, area 13 decimals situated in Mouza Jalalgarh, Thana No.189 within Touzi No. 8/5 recorded in Haal Survey in Khata No.326. as per Schedule-B of the sale deed; in Schedule-C of the same sale deed, they had similarly purchased six dhurs of land recorded in Haal Survey Khesra No.633, Khata No.765. The said lands have come under settlement in favour of the Vendors of the petitioner from Shri Prakash Narain Dubey and Sri Sambhu Dayal Dubey by virtue of registered patta dated 9.6.1965 and 3.5.1965 respectively.

4. Similarly, the petitioner No.4 purchased 47 decimals of Nagdi Sikmi rights in the land by two sale deeds, both from Sri Shankar Dayal Singh, Sri Lilanand Singh, Sri Devanand Singh Most. Bhama Devi. The first sale deed bearing Deed No.356 having been executed on 28.6.1962 by which 28.5 decimals of land being part of Khesra No.635, Khata No. 765 (309 Sikmi) was purchased and by another sale deed dated 19.9.1972 another area of 18.5 decimals of the same Khesra No.635, Khata No.765 (309 Sikmi) was purchased.

5. The petitioners claim to be coming in peaceful possession over the said lands since then. The petitioners, after taking loan from the Bihar State Financial Corporation, jointly established a Rice Mill on the aforesaid land. In the ensuing land ceiling proceedings under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, some of the lands of the land-lord were declared surplus, including the lands upon which the petitioners were sikmidars.

6. It is the specific stand of the petitioners that after the lands being declared surplus, they filed applications under Section 22 of the Ceiling Act separately before the Collector under the Act who, it is claimed that after making enquiries and being satisfied about the sikmi rights of the petitioners and their possession, settled the land with the petitioners on compensation to be paid for 30 years as per the rate provided in the schedule.

7. It is the stand of the petitioners that although the settlement was made under Section 22 in favour of the petitioners in the year 1976 itself but purchas remained lying in the Circle Office and only in the year 1983 some mistakes in the purcha were discovered that instead of Sri Nivas Rungta, the name of Ram Nivas Rungta was mentioned in the Purcha with respect to lands in plot Nos. 632 and 633 and similarly in the other purcha of 47 decimals of land of plot No.635 instead of the name of petitioner No.4, his father’s name only, that is, Ram Nivas Rungta was mentioned. The said clerical errors being clearly contrary to the sale deeds, the petitioners applied for correction of the errors before the Circle Office on 3.1.1983. The Additional Collector, Purnea acting as Collector under the Act got the purcha corrected in the year 1983 and the said purcha was given to the petitioners, which has been annexed to the writ application.

8. Thereafter on 3.8.1984, two applications, being Misc. Case Nos. 140 of 1984 and 141 of 1985, were filed by the Government Pleader before the Collector, Purnea praying for cancellation of the two red cards that had been issued. Upon notice, the petitioners were heard