JUDGMENT :

1. This writ petition is under Article 226 of the Constitution of India whereby and whereunder following prayers have been made :

(i) to quash the entire proceeding with respect to Misc. Case No.07/2016-17 including the order dated 11.07.2017 passed by the respondent authorities by which the recommendation has been made by the Deputy Commissioner-cum-Collector to respondent No.4 for cancellation of the jamabandi created in favour of Rajmata Gunjeshwari Devi Inter College, Ranka in exercise of power conferred under Section 4(h) of the Bihar Land Reforms Act, 1950 ;

(ii) to quash the order dated 24.07.2018 passed by the Deputy Commissioner-cum-District Magistrate, Garhwa whereby and whereunder the jamabandi created in favour of the Rajmata Gunjeshwari Devi Inter College, Ranka over the land of Khata No.276, Plot No.1367 has been cancelled.

2. The brief facts of the case of the petitioner as per the pleadings made in the writ petition is that the land in question since was in possession of Ranka Estate and at the time of vesting of intermediary interest, a return was filed by the Ranka Estate showing some land in Khas possession only through himself or through his co-sharers, one Gorakshan Prasad Singh was one of the share-holders of the intermediary of Ranka Estate and after vesting the intermediaries interest in the Estate, the authority has found that the said Gorakshan Prasad Singh is in Khas possession of land of 2.86 acres of Plot No.1367, Khata No.276 of Village-Ranka besides other lands.

3. The land in question has been settled in favour of Gorakshan Prasad Singh after initiating a proceeding under the Bihar Land Reforms Act, 1950 in terms of Sections 5, 6 & 7 of the Act and fair and equitable rent has been determined and Form-M was issued and rent was fixed with respect to different plots of Khata No.276 and different plots including Plot No.1367 having an area of 2.86 acres and fair and equitable rent has been determined. After determination of fair and equitable rent in terms of Bihar Land Reforms Act, 1950, the State Government has recognized Gorakshan Prasad Singh as the occupancy raiyat in terms of Section 6 of the Act, 1950 and entered his name in the Demand Register-II in Ranka Anchal, in view thereof, Gorakshan Prasad Singh continued his right, title and possession over the land and continuously paid the rent to the State Government and obtained rent receipt thereafter.

4. Gorakshan Prasad Singh being one of the co-sharers of Ranka Estate expressed his desire to the local people of Ranka to establish a college in the name of 'Rajmata Gunjeshwari Devi Inter College' for giving higher education to the people of the locality for their development of education and in pursuance to the aforesaid wish, the said Gorakshan Prasad Singh donated two acres of land of Khata No.276, Plot No.1376 of village-Ranka for the establishment of said college and executed a gift deed in favour of the said college itself and after its establishment, the same has been recognized by the Jharkhand Academic Council in terms of the provisions of the Act as the same is running now.

5. In the meanwhile, a complaint was made before the Chief Minister Grievance Cell, Jharkhand being Grievance Cell No.2016/5031 dated 07.12.2016 alleging therein that the Government land has been encroached by the said college itself, in pursuance thereto, Sub-Divisional Officer, Ranka has issued notice on 03.09.2016 which has been responded to through the representative of the college and subsequent thereto, the Circle Officer, Ranka has also issued a notice on 25.04.2017 to submit the evidence with respect to land of Khata No.276, Plot No.1367, wherein, allegation has been made that the land belongs to the department of Education in the recent survey.

The authorities have conducted detailed inquiry and vide order dated 20.05.2017, the recommendation was made for initiation of a proceeding under Section 4(h) of the Act, 1950 for cancellation of jamabandi creat