IMPORTANT POINT
Land rights of privileged tenants prohibit transfer under various acts, rendering deeds void if executed contrary to statutory provisions.

JUDGMENT :

Heard Mr. Nihal Beg, learned counsel appearing on behalf of the petitioners and Mr. Neeraj Raj, learned AC to GA- 8 for the State.

2. The petitioners in paragraph no. 1 of the present writ petition have sought, inter alia, following relief(s), which is reproduced hereinafter:-

"(i) For issuance of an appropriate writ, order or direction for quashing the exparte order dated 15.06.2021 in Parcha Cancellation Case No. 62/2018-19 passed by the respondent Collector, Kishanganj most arbitrarily and quite malafidely cancelled the settlement of the land of the petitioners' vendor of the year 1976 and also cancelled Jamabandi of the petitioners created by then Circle Officer on the basis of the sale deed dated 07.11.2009 executed in them favour by the legal heirs of the original settlee, without providing them any opportunity of hearing.

(ii) For issuance of an appropriate writ, order or direction restraining the respondents from interfereing in the peaceful possession and occupation of the petitioners' raiyati land purchased by them in the year 2009.

(iii) For issuance of an appropriate writ, order or direction for grant of ad-interim stay of the order dated 15.06.2021 in Parcha Cancellation Case No. 62/2018-19 passed by the respondent Collector, Kishanganj, during the pendency of writ petition.

(iv) For issuance of an appropriate writ, order or direction for grant of any other relief or reliefs which may deem fit and proper in the facts and circumstances of the case."

3. The brief facts of the case is that 7.32 acres of land appertaining to Mauza Simalbari, Thana No. 25, District Kishanganj was settled by the Revenue Authority in Settlement Case No. 21/1976-77 in the joint names of four persons, namely Israr Hussain, Girbuddin, Md. Idris and Bibi Aysha Khatoon, each having equal share, and after the death of co-settlee Aysha Khatoon in 1980, her legal heirs Md. Aslam, Md. Akmal, Kuresha Khatoon and Gulfan Nisha inherited her 1.83 acres of land under Khata No. 70 comprising Khesra Nos. 393, 394, 609, 608, 611, 614, 602, 606, 604 (Area 1 acre 26 decimals) and Khesra Nos. 616, 588, 586, 591, 592, 594 (Area 57 decimals), remained in peaceful possession, and subsequently sold the same to the petitioners through a registered sale deed dated 07.11.2009, whereafter the petitioners’ names were duly mutated and rent receipts were issued; however, the petitioners recently learnt upon enquiry that the parcha of the original settlee and the petitioners’ jamabandi had been cancelled by the respondent Collector without impleading the legal heirs of the deceased settlee and without granting any opportunity of hearing to the petitioners, and the authorities are now threatening to dispossess them. Petitioners are aggrieved by the cancellation of Jamabandi which relates to six decades-old settlement in the name of the petitioners' ancestor by a summary proceeding without following the principles of natural justice. The order is based on inapplicable provisions of the BIHAR LAND CEILING ACT and the 2014 circular. Petitioners claim that they had acquired valid right, title and possession through lawful purchase, and therefore seeks interference of this Court rendering the alleged impugned action arbitrary and malafide action of the concerned authority being violative of Article 14 of the Constitution of India.

ARGUMENT ON BEHALF OF THE PARTIES

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are aggrieved by cancellation of Parcha, which was granted to the origina