Narendra Nath Tiwari, J.

1. In this writ petition the petitioner has prayed for quashing the orders dated 3.9.06 (Annexure-5), 10.9.02 (Annexure-3) and 5.12.2000 (Annexure-2).

2. The petitioner claims to be the Raiyat of the land appertaining to R.S Khata No. 194, Plot No. 3683, measuring an area of 41.99 Decimals of Village- Simalia, Thana No. 739, District-Ranchi (hereinafter called as the said land).

3. According to the petitioner, the said land was recorded as Gair Mazarua Khas of the landlord Thakur Mahendra Nath Shahdeo in the Revisional Survey Records of Right.

4. The ex-landlord Thakur Mahendra Nath Shahdeo had settled 12 Acres of the said land in favour of one Rang Nath Sahu, son of late Raghunandan Sahu of Village-Tikra Toli as far back as on 9.6.1942.

5. Rang Nath Sahu sold an area of 20 Decimals of the said land to the petitioner by virtue of the registered sale deed No. 4313 dated 4.5.1992.

6. Rang Nath Sahu further sold an area of 20 Decimals of the said land to the petitioners wife Smt. Chanchala Devi by virtue of the registered sale deed dated 7.7.1992. The petitioner came in physical possession of the said land and has been in continuous peaceful possession thereof.

7. Since after the settlement of the said land, the settlee Rang Nath Sahu had been in continuous possession of the said land and rent was assessed by the ex-landlord and he had been paying rent to the ex-landlord. After coming into force of the Bihar Land Reforms Act, 1956, rent was assessed in the name of Rang Nath Sahu in Case No. A-29/1955-56 and Jamabandi No. 194/624 was created in the name of Rang Nath Sahu.

8. After purchasing the land, the petitioner applied for mutation in his name in Mutation Case No. 183R27/93-94, before the Circle Officer, Town Anchal. The same was allowed and the name of the petitioner was mutated in respect of the said land. The petitioner claims to be in continuous peaceful possession of the said land having right of ownership and possession.

9. Suddenly on 5.9.97, a notice was issued to the petitioner from the Office of the Circle Officer, Kanke, Ranchi in a proceeding initiated for cancellation of the long running Jamabandi running in the name of the petitioners predecessor-in-interest, Rang Nath Sahu. The petitioner appeared and filed his reply stating all the facts regarding his possession over the said land, mutation of the said land in his name and acceptance of rent by the State- respondents, accepting him as Raiyat and others grounds. But the respondent No. 4 without considering the petitioners reply, made recommendation for cancellation of the petitioners Jamabandi by his order dated 5.12.2000 and forwarded the record to the Land Reforms Deputy Collector, Ranchi-respondent No. 3. On receipt of the record, the Land Reforms Deputy Collector issued notice to the petitioner. The petitioner appeared and filed his reply stating the entire facts. But despite the same, the respondent No. 3 recommended to the Deputy Commissioner for cancellation of the petitioners Jamabandi and directed the respondent No. 4 to prevent sale or purchase or construction over the land in question.

10. The Deputy Commissioner also issued a notice to the petitioner in which the petitioner appeared and stated all the facts. The case was heard at length on 14.1.04. After hearing the Deputy Commissioner kept the order reserved for a long time.

11. Aggrieved by the long pendency, the petitioner preferred writ petition before this Court being W.P(C) No. 1464/2005. The said petition was disposed of by order dated 31.3.05 directing the Deputy Commissioner to dispose of the case preferably within three months, if the same has not already been disposed of.

12. The Deputy Commissioner in purported compliance of the said direction passed the order dated 3.9.06 whereby he has remanded the case with another case to the Circle Officer, Kanke, Ranchi observing that in view of the order passed in Misc. Case No. 17/1997-98, the Jamabandi opened in