PATNA, Jan. 29 -- In an important order related to Bihar's ongoing special land survey, the Patna High Court has observed that "a land title of a person does not get affected in any way by change of his name in records of municipality". "Title flows from transfer as well as devolution of holding, which can only be adjudicated in a properly framed title suit. However, a person who is in possession of a holding is liable to pay holding tax," said the bench of Justice Purnendu Singh in its order uploaded last week. He was hearing the pleas of nine petitioners from Khagaria, seeking declaration of their gairmajarua khas, baksat and sarvasta land as raiyatee land in the on going survey on the basis of sale deed, land revenue receipts as well as Register -II. The petitioners sought rectification of database by arranging camps at mauza level for the smooth and fair functioning of the ongoing survey, hearing on their claims for redressal of all mauza and stopping of survey, as they were in peaceful, continuous possession of the land for decades since its inheritance from their forefathers as kartas of their respective Hindu Undivided Families (HUFs). "The petitioners have been able to establish their actual and physical possession and statutory vesting of property. The very right to obtain possession of the property is already vested with the petitioners and the same cannot be taken away in garb of ongoing survey," the bench observed. The petitioners' plea was that despite several representations submitted to the Director, Land Records and Measurement, and other revenue authorities against "unfair practices and illegal methods" in course of the ongoing survey, no action was taken and complete silence was maintained. "Instead, during the survey proceedings, the petitioners were advised by local revenue officials to produce sale deeds executed prior to January 1, 1946 by the original zamindars, which could not be found due to non-availability of Register-II and khatiyan records, as officially confirmed by the in-charge, District Record Room...The records were either unavailable or found in a deteriorated condition and certified copies could not be issued," the petitioners said. The petitioners brought this fact to the notice of the revenue officials and relied upon the Extra-Ordinary Gazette of the State of Bihar dated 14.11.2014, requesting the authorities to follow the rules and guidelines framed by the state government, and all approached the district collector. The counsel for the petitioners submitted that the ongoing survey, if allowed to continue in the present arbitrary manner, would cause irreparable loss and affect petitioners' title, possession, and future rights over the subject lands. Though the state government's counsel termed the writ petition pre-mature as the survey was still continuing, the court disposed of the petition with the observation that old records not available even with the government could not be made a reason for ending decades old rights. The court relied on the earlier orders in similar cases for the proposition that possession and statutory vesting established prior to the survey cannot be lightly displaced during an ongoing survey. Beldaur Anchal, under which the land lies, is in Khagaria district. interspersed with rivers, canals and ditches in abundance. The district was segregated during the British regime and designated as Pargana Farakiya, within which Beldaur Anchal is situated. The land continues to be affected by annual floods. After completion of the survey operations, sarvasta was carried out by the then zamindars during the years 1943-44 and settlements were effected prior to January 1, 1946. On the basis of such sarvasta and settlement, raiyatee lands were lawfully settled, transferred by way of registered sale deeds, were recognised, and raiyats were granted revenue receipts, pursuant to which the State of Bihar continued to realise land revenue up to the year 2017-18. The petitioners contended that consequent upon the survey conducted in 1887-1888, the then zamindars conferred title and ownership rights upon the raiyats, and the settlement papers, including sarvasta, pramangi and other connected documents were duly accepted by the then government, on the basis of which absolute title and ownership over the lands stood vested in the raiyats....