Sandeep Kumar, J.—Heard the parties.

2. The petitioner has prayed for following reliefs in this writ petition:—

“I. To quash the order dated 19.05.2017 passed by the Additional Collector, Aurangabad (Repondent No.3) in Jamabandi cancellation Case No. 57/2016-17 / 109/2016-17 (Annexure- 10) cancelling the Jamabandi No. 67/6 pertaining to land of Khesra No. 1712 corresponding to Khata No. 224, Thana No. 155 Mauza Barun without considering any document produced before him.

II. To command and direct the respondents particularly respondent nos. 6 and 7 not proceed with work of construction over the land aforesaid.

III. To command and direct the respondent no. 2 to pay adequate compensation for the land aforesaid and for the Darwaja standing thereon of which forcibly possession has been taken by demolishing the Darwaja (Dochara) in arbitrary manner.

IV. To grant any other relief/ reliefs to which the petitioner may be entitled to.

V. To permit the petitioners to add any relief or reliefs if the occasion so arises.”

3. The case of the petitioners is that ex-landlord of estate Rai Banku Bihari settled 2 bighas and 10 kathas of land by issuing Bandobasti Parwana of Khata No. 224 in favour of Chhatu Singh Yadav, father of petitioner no.1 and grand-father of petitioner nos.2 and 3 on 30.08.1948. The father of petitioner no.1 and grand-father of petitioner nos.2 and 3 came in possession and started paying rent to the ex-landlord and in token thereof, the ex-landlord issued rent receipt. The exlandlord, at the time of vesting Zamindari, submitted return showing the father of petitioner no.1 and one Ram Ratan Singh as raiyat in possession which was recognized/approved by the then Additional Collector, Aurangabad in Compensation Case No. 273/23 / 53-54. After vesting Zamindari in the State of Bihar, ex-landlord filed return in which Chhatu Singh Yadav, father of petitioner no.1 and grand-father of petitioner nos. 2 and 3 was recognized as raiyat and Jamabandi was created in his name and his name was entered in Register-II and and he continuously paid rent and granted rent receipts till 1986. Rent receipts from 1961 to 1986 have been annexed to the writ petition. Chhathu Singh Yadav died in the year 1986 and thereafter the name of petitioner no.1 Nathuni Yadav @ Nathuni Singh was substituted with the name of petitioner no.1 Nathuni Yadav as Karta of Hindu Undivided Family. The brother of petitioner no.1 Faguni Singh died in 2008 leaving behind his two sons, namely, petitioner nos. 2 and 3 and since then the rent was paid and rent receipts were being issued in the name of Karta of the family, petitioner no.1.

4. It has been contended by the petitioners that the father of petitioner no.1 and Ram Ratan Singh Yadav were settlees of the land in question and land in question was settled to them and since 1948 they were in possession of the land. The landlord submitted return in their names showing them as raiyat in cultivating possession which was recognized by the State of Bihar which also accepted rent by granting rent receipts.

5. It has further been contended by the petitioners that 1 bigha 2 kathas of land was purchased by petitioner no.1 by a registered sale deed no. 9912 dated 18.07.1977 from Ram Ratan Singh, another settlee of plot no.1712 corresponding to Khata No. 224, Thana No. 155 situated in village Barun.

6. The Railway, under Section 20(K)(1) of the Railways Act, issued a communique and published it in the daily newspaper regarding acquisition of land for the Special Railway Project, namely, Eastern Dedicated Freight Corridor in which land belonging to different raiyats of different villages situated within Barun Block was notified for acquisition in which 3 acres 28 decimals of land in plot no 1712 situated in village Barun was proposed to be acquired and out of total area of 3.28 acres in plot no. 1712, an area measuring about 6 decimal belonging to the petitioners was acquired by the Railways. The notification for the purpose was published