ORDER :

1. Heard the parties.

2. The petitioner has approached this Court with a prayer for quashing the order dated 07.02.2007, passed by the Additional Collector, Ranchi in Misc. Case No. 01 of 1982-1983/ Case No. 8 of 2006-2007, by which the learned Additional Collector without giving proper opportunity to the petitioner cancelled the settlement in violation of letter no. 1043 dated 24.10.1986 issued by the Under Secretary, Land Reforms and Revenue Department to the Deputy Commissioner, Ranchi.

Petitioner has further prayed for quashing the order dated 30.08.2010 , passed by the Circle Officer, Kanke in Mutation Case No. 1446R27/2009-10, by which the Circle Officer, Kanke was pleased to reject the application for Mutation filed by the petitioner for mutation of Plot No. 746, Khata No. 129, area 1.50 acres in his name.

Petitioner has further prayed for direction upon the respondent No. 5 to allow the application for mutation of the petitioner with respect to land appertaining to plot No. 746, Khata No. 129, area 1.50 acres.

3. The facts of the case in short is that land in question appertaining to Khata No. 129, Plot No. 746, total area 4.90 acres situated in the village Pirra, Kanke Anchal, District Ranchi was Gairmajurua land of ex-landlord which was settled by him to one Shri Brajkishore Dubey through sada Hukumnama dated 26.05.1943 and thereafter, said Brajkishore Dubey came into peaceful possession of the land and continued to pay rent to the ex-landlord. Thereafter, Brajkishore Dubey transferred one acres fifty decimals of land out of area 4.90 acres appertaining to Khata No. 129, Plot No. 746 of village Pirra, KankeAnchal, District Ranchi to the petitioner through registered sale deed no. 112 dated 31.12.1985. In the year 1986, a letter no. 1053 dated 24.10.1986 was issued by the Under Secretary, Land Reforms and Revenue Department, Govt. of Bihar addressed to the Deputy Commissioner, Ranchi by which the Under Secretary, issued direction to the Deputy Commissioner that the settlement of the aforesaid land cannot be cancelled and there is no requirement of initiation of the proceeding under Section 4(H) of the Bihar Land Reforms Act on the following ground:

(a) The said settlement was done by the Intermediately before 1946.

(b) In the year 1961-62 deemed in respect of aforesaid land was opened in the Government's khata.

(c) The rent is also being released by the State Govt.

4. Thereafter, the petitioner filed petition before the Revenue Officer, Ranchi under Section 89 of CNT Act for entering his name in the Record of Right and by order dated 05.07.2007, the Revenue Officer, Ranchi was pleased to direct to enter his name in the Draft Record of Right on the basis of sale deed. In compliance of said order, the name of the name of the petitioner was entered in the Draft Record of Right showing possession of the petitioner over the land in question. In the year 2008, the petitioner filed Mutation Case No. 856 R 27/2008-2009 before the Circle Officer, Kanke for mutation of the land in question but the same was rejected by the Circle Officer, Kanke by order dated 21.06.2008, on the following grounds:

(a) According to R.S. Khatiyan Khata No. 129, Plot No. 746, area 4.90 acres is gairmajurua malik khata land.

(b) In the Demand Register-II, the name of Saraswati Devi was entered in respect of the aforesaid land.

(c) The demand has been postponed.

(d) Pendency of the proceeding under Section 4(H) of the Bihar Land Reforms Act.

5. Against the said order of Circle Officer, petitioner preferred W.P.(C). No. 6093 of 2008 before this Hon'ble Court and the Hon'ble Court by its order dated 28.07.2009, was pleased to remand the matter back with a direction to the Circle Officer to take a fresh decision on merit after giving copy of the documents upon which the respondent Nos. 1 to 4 are relying upon. In compliance of the Hon'ble Court's order, the mutation case was again heard and during the pendency of the said case, a copy of order dated 07.02.200