JUDGMENT :

1. The present writ petition has been filed for quashing the order dated 13.07.2005 (Annexure-7 to the writ petition) passed by the respondent No.4 in Case No. 28/05-06. Further prayer has been made for issuance of a direction upon the respondent No.5 to continue with the land acquisition proceeding and to pay the proportionate share of compensation to the petitioners in accordance with law within a stipulated period.

2. The factual background of the case, as stated in the writ petition, is that the land appertaining to Khata No. 60, Plot Nos. 350 & 947, measuring an area of 20 acres 50½ decimals, Village-Bargaon, P.O-Chope, P.S & Circle - Simariya, District-Chatra (hereinafter referred to as ‘the said land’) was recorded as ‘Gair Mazurwa Khas’ and the same was settled by the ex-landlord in favour of the petitioners’ ancestors. According to the petitioners, a rent fixation case being Rent Misc. Case No. 31 of 1950-51 was initiated before the respondent No.3 under Section 139 of the Chhotanagpur Tenancy Act (hereinafter referred to as ‘the C.N.T. Act’) between the petitioners’ ancestors and the ex-landlord which was allowed vide order dated 18.10.1951. The names of the petitioners’ ancestors were also included in the Zamindari return dated 04.09.1962. The petitioners/their ancestors were paying the rent continuously since 04.02.1955 till the year 2007-08. In the year 2001-02, the said land was acquired for construction of railway line between Hazaribagh and Koderma and a surveyor was appointed by the respondent No.5, who reported that the nature of the said land is ‘Gair Mazurwa Khas’ and the raiyats were possessing settlement deed (Hukumnama), revenue receipts and copy of return filed by the ex-landlord etc. It was also reported that two houses (tiled) were situated over the said land which were in possession of the petitioners. As per the said report, government rent receipts were issued for 100 acres of land in the names of Hema Munda, Chara Munda, Khudia Munda and others. However, the respondent No.4, on the check slip submitted by the Circle Inspector for giving raiyati recognition of the said land to the petitioners, observed that the said recognition cannot be given as the said land comes under the forest area.

3. Learned counsel for the petitioners submits that the forest department never served any notice to the petitioners/their ancestors that the said land had been taken by the said department. The Circle Inspector silently issued check slip for declaration of ‘Gair Mazurwa Khas’ land as raiyati land and made negative recommendation to the respondent No.4 on 08.07.2005 that the land in question fell under the forest area. The respondent No.4 rejected the raiyati recognition of the said land on 13.07.2005 without giving any information to the petitioners. The petitioners have been recognized by the revenue authorities as the tenants/settled raiyats and they cannot be ejected from the said land without paying due compensation. It is further submitted that the railway has started the said construction work under the instruction of the respondent Nos. 1 to 5 causing great injustice to the petitioners. The names of the petitioners were mutated by the respondent No.3 being the In-Charge of the civil matters in the sub-division. It is further submitted that as per Section 3(viii)(a) of the C.N.T Act, any Revenue Officer or the Deputy Collector specifically empowered by the State Government is entitled to discharge any function of the Deputy Commissioner under that provision. In exercise of the said power, the Lieutenant Governor had empowered every Deputy Collector, who at the relevant time was In-Charge of the sub-division of a district to discharge all the functions of the Deputy Commissioner under any provision of the C.N.T Act, except the provisions as contained in Sections 3(xxviii)(b), 49, 50, 137, 215(ii), 218(2) & 241 of the C.N.T Act. It is also submitted that the possession of the said land cannot be passe