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2016 Supreme(Jhk) 1292

IN THE HIGH COURT OF JHARKHAND AT RANCHI
APARESH KUMAR SINGH, J.
M/s India Estates Developments Limited – Petitioners
Vrs.
The State of Jharkhand through its Chief Secretary and Ors. - Respondents
W.P.(C) Case No. 3651 of 2015
Decided On : 03-03-2016

Advocates Appeared:
For the Petitioner: Mr. Sachin Kumar
For the Respondents: Mr. Atanu Banerjee

Headnote:Bihar Land Reforms Act, 1950 – Section 4(h) – settlement by the landlord so the rent receipts created – it was alleged by the respondent that the Jamabandi was not legally created – but the respondent never sought to cancel this Jamabandi under the Bihar Tenants Holding Act, 1973 or 1950 Act – as per the act the collector can enquire in such transfer which violate the very purpose of the act, but in the instant case, no such steps were taken – it was observed that the petitioner has to approach civil court for his relief so he will not get any relief from the inaction of the respondent – accordingly relief was not granted.

Order :

Let the Secretary, Revenue and Land Reforms, Govt. of Jharkhand, Ranchi be impleaded as respondent no. 6 in the instant writ petition for which necessary correction shall be carried out by learned counsel for the petitioner in red ink during course of the day.

2. Heard learned counsel for the parties.

3. Petitioner has prayed for issuance of rent receipts up to date in his favour in respects of plots of land in Khata nos. 1 and 383 under Mauza Pundag, Revenue Thana no. 228 measuring 20.94 acres and 199.04 acres respectively said to have been executed through registered lease deed by the erstwhile Land lord of Palkot Estate on 22.4.1948 in the office of District Sub Registrar, Ranchi, being deed no. 4535 of the year 1948. The lease is for a period of 999 years commencing from 22.4.1948. Details of the plots claimed by the petitioner have been given by way of a chart at para 6 of the writ petition. Petitioner claims to have mutated its name in Register-II in the Circle Office, Ratu in the name of petitioner-company through its Managing Director U.P. Malik. Undisputedly, one rent receipt has only been issued in his favour being rent receipt no. 52929 dated 31.3.1971 for an area of 219.98 acres. Petitioner has stated in the averments in the writ petition that as per the information furnished under R.T.I by the Circle Officer, Nagri through letter no. 1047(II) dated 18.10.2013, his name has not been recorded in the present Register-II in respect of khata no. 1 and 383 measuring 219.98 acres. Petitioner has also alleged on the basis of information furnished under R.T.I in respect of aforesaid plots of land vide letter no. 1059(II) dated 22.10.2013 that there are names of several other persons recorded in Register-II totaling 104 persons in respect of khata no. 383 and 136 persons in respect of khata no.1(Annexure-7). Petitioner alleges that names of those persons have been recorded without any basis. Petitioner also alleges that he has requested the Circle Officer to cancel the Jamabandi illegally opened in the name of various persons and to stop further rent receipts issued to those persons illegally in connivance with the authorities of the State. Petitioner has on his own also made request for issuance of rent recent in respect of plot no. 383, which he claims was mutated in the year 1971.

4. Second prayer made by the petitioner in the background of the aforesaid facts is to direct the respondents to proceed with the Misc. Case filed against several persons for cancellation of doubtful and illegally opened jamabandi in respect of khata no. 1 and 383 under thana no. 228, Mauza-Pundag pending since 2002-03.

5. Stand of the respondents as reflected in the counter affidavit show that in the return filed by the Ex-Landlord Lal Kandarp Nath Shahdeo who had created Devi Chintamani Trust, name of only 6 raiyats are mentioned to whom the ex-Landlord had settled the 'Gair Mazrua' lands of village Pundag. Petitioner's name is not mentioned in the said return. The land of Mauza Pundag, khata no. 383 as mentioned above vested in the State free from all encumbrances by virtue of provisions of Bihar Land Reforms Act, 1950. After vesting of zamindari right, no zamindari return was filed in favour of the petitioner by the Ex-landlord. It is further stated that neither jamabandi in respect of land in question was created on the eve of vesting of zamindari right nor any entry was made at the time of 'Bujharat'. On thorough inquiry, it has been found that no jamabandi of land in question stands running in the name of the petitioner in present Register-II.

6. It is further averred that jamabandi of land of Mauza Pundag khata no.1 and 383 measuring 219.98 acres in the Old Register-II in the year 1971 was created without obtaining order of the competent authority in connivance with Revenue Karmachari of the Circle Office as would be evident from relevant pages in Register-II. Reference has also been made to Annexure-2 to the writ petition and it is f













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