Dr. Anshuman, J. – Heard learned counsel for the petitioners and learned counsel for the State.

2. CWJC No.10637 of 2021 has been filed for prohibiting the respondents from forcibly dispossessing the petitioners from their Chak lands/holdings as fully detailed in Annexure P/2, situated in mauza-Dubaha Bujurg without following the procedure established by law. CWJC No.9409 of 2022 has been filed for restraining the respondents in the work of construction of Canal over the land of the petitioners in light of the Land Acquisition Proceeding of 1974.

3. Learned counsel for the petitioners in CWJC No.10637 of 2021 submits that there are in total 28 petitioners who are aggrieved with the action of the respondents authority who wants to dispossess the petitioners from their lands. He further submits that the petitioners came to know about the action of the respondents in the month of January 2021 for the first time when the respondents started announcements in the locality to vacate the land. Thereafter, the petitioners started verifying these facts and it came to their knowledge that 32.83 acres of land were acquired in Village-Dubaha Bujurg, Revenue Thana No. 964 and these lands were part of Land Acquisition Proceeding No.128/1972-73 initiated by the Special Acquisition Officer, Gandak Yojna, Muzaffarpur, as such, petitioners of both the writ petitions want to restrain the respondents from construction of Canal over the lands which were acquired in the year 1973-74.

3.1. Counsel further submits that the land acquisition proceeding was initiated in 1972-73, but the actual physical possession has not been taken for the lands of the petitioners and others of the village -Dubaha Bujurg and they continued in actual physical possession of their raiyati lands. The Government of Bihar accepted the rent of the lands in question and issued a rent receipt in lieu thereof. Counsel further submits that the State Government has launched a scheme of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the ‘Act of 1956’) prior to 1979 and in the year 1979, a notification under section 26A of the Act of 1956 was issued by which consolidation operation was closed and due to result of consolidation operation fresh maps and records were prepared, the configuration of the lands were changed. In result, different boundaries and plots were handed over to different raiyats.

3.2. Counsel further submits that no payment for any kind of award has been made to the raiyats on the basis of the consolidation map, khatiyan. In this regard, the petitioners have submitted a description of their lands with old Khata, old Plot as well as new khata, new plot. Counsel for the petitioners further submits that a certificate of transfer in Form-15 under Section 15 of the Act of 1956 has also been issued which is the conclusive proof of the title and possession of the petitioners in respect of the lands mentioned in such certificates which is duly recognized by the Government of Bihar from before 1979 as Chak Raiyats. Many respondents of the area/locality were also transferred their lands through valid registered sale deeds. Land Possession Certificates and land receipts for the new plots were also issued to them.

3.3. Learned counsel submits that possession of the lands of the petitioners was not taken by the Water Resources Department or by the State of Bihar in the acquisition proceedings of the year 1972-73. Petitioners and their forefathers continued in peaceful possession of the same land till date and 49 years have elapsed. Learned counsel for the petitioners further submits that even assuming that lands were acquired and possession was taken by the State Government /Water Resources Department, Bihar then also it was merely on paper and it shall be assumed that the State has waived their all rights as they admitted the title and possession of the petitioners by conducting operation of Consolidation Act on the said land