SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(Jhk) 493

Jharkhand High Court
D.G.R.Patnaik,J.
Nirmal Tiwari - Appellant
Versus
State Of Bihar (Now Jharkhand) - Respondent
Decided On : 22 April, 2008

Headnote:Constitution of India – Articles 226 – alternative remedy – despite existence of alternative remedy writ Court may exercise its discretionary jurisdiction – application allowed. (Parars 7 & 9)

JUDGMENT

D.G.R. Patnaik, J.

1. The petitioners have prayed for quashing the order dated 7.9.1996, passed by the Additional Collector, Palamau (respondent No. 2) in Misc. Case No. 27 of 1995-96, whereby the Additional Collector has passed the impugned order canceling the Jamabandi earlier created in favour of the petitioners. Prayer has also been made for quashing the order dated 4.3.1997 passed by the respondent No. 2, whereby the petitioners prayer for review of the earlier order dated 7.9.1996 was rejected.

2. The petitioners have asserted their claim over the disputed lands on the basis of the facts stated as under:

That the petitioners are the occupancy Raiyats amongst others in respect of the lands under Khata No. 28, Plot No. 691 area 1.30 acres, Plot No. 871 area 27 decimals with village Hisra Pokhraha.

Although the aforesaid land originally belonged to the ex- landlord of the village, namely Kanhaiya Dayal Singh, which was later recorded in the name of one Niranjan Dusadh in the cadastral survey records of rights finally framed and published in the year 1919.

The ex-landlord filed Title Suit No. 736 of 1919 against the said Niranjan Dusadh and 25 other Raiyats for correction of the entries by removing the name of the defendants, whose names have been wrongly entered in the records of rights and also for a declaration that the lands including the disputed lands are Bakast land of the landlords.

The Title Suit No. 736 of 1919 was decreed in favour of the ex-landlord vide Decree dated 12.2.1920 (Annexure-1).

In the Execution proceedings vide Execution Case No. 215 of 1920, the delivery of possession of the disputed lands including the suit lands was effected in favour of the landlord/decree holder.

The said Estate of the ex-landlord Kanhaiya Dayal Singh was under the management of the Manager, Ward and Encumbered Estate in the year 1935. The Manager settled the land in Plot No. 871 Khata No. 28, area measuring 1.30 acres in favour of one Feku Kurmi in the year 1937 and had put the settlee in possession of the aforesaid lands.

Feku Kurmi enjoyed the peaceful possession and occupation of the lands by paying rent without any obstruction or objection from Niranjan Dusadh or his successors.

Feku Kurmi had died leaving behind his two sons namely, Lakhan Choud-hary and Bishun Choudhary.

After inheriting their fathers properties, both Lakhan Choudhary and Bishun Choudhary had transferred the land of Plot No. 871 area measuring 1.30 acres in favour of one Kamalpurti Devi by virtue of a registered sale deed dated 27.4.1953.

Kamalpurti Devi continued to enjoy peaceful possession of the land purchased by her by paying rent.

The transferee, Kamalpurti Devi by virtue of a registered sale-deed dated 2.11.1968 sold the lands measuring 1.30 acres in Plot No. 871 to one Sone Kumari Devi (petitioner No. 2).

Eversince, after purchase of the land, the petitioner No. 2 has been coming in peaceful and cultivating possession of the land by paying rent and obtaining receipts thereof.

In the new survey settlement operation, the petitioner No. 2 was found in peaceful cultivating possession of the aforesaid lands and, accordingly a preliminary survey parcha was issued in her name in respect of 1.30 acres of land in Plot No. 871.

Later the aforesaid 1.30 acres of land in Plot No. 871 was acquired by the State Government for the purpose of constructing a canal and after due enquiry the amount of compensation for the acquisition of the land was paid to petitioner No. 2.

It was during the aforesaid Land Acquisition proceeding that the respondent No. 4, Bipat Manjhi filed an objection. After due enquiry made by the Circle Officer and his field staff, the objection of the respondent No. 4 was rejected and the amount of compensation was paid to petitioner No. 2.

Later the instance of the respondent No. 4, in a proceeding under Section 144, CrPC in the year 1983, which was registered as Misc. Case No. 659 of 1983, after considering the documents filed by the petitioners, as o


























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top