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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Lal Damodar Nath Shahdeo @ Damodar Nath Shahdeo – Petitioner
Versus
The State of Jharkhand & Ors. – Respondents
W.P. (C) No.644 of 2016 With W.P. (C) No.2783 of 2017 With W.P. (C) No.3581 of 2017
Decided On : 03-07-2018
Bihar Land Reform Act, 1950 – Section 4 – Rent Receipt – In W.P.C, the petitioners have prayed for quashing the order passed by the Divisional Commissioner, South Chhotanagpur Division, Ranchi in Revenue Revision – Further prayer has been made for quashing the letter issued under the signature of the Additional Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, whereby the proposal for cancellation of Jamabandi has been confirmed in terms with Section 4(h) of the Bihar Land Reform Act, 1950 – The petitioners have also prayed for quashing the order dated 02.02.2012 passed by the Deputy Commissioner, Ranchi in Misc. Case, whereby the Jamabandi opened in the name of Lal Maheshwari Nath Shahdeo has been cancelled. – Held, Senior counsel for the petitioners has lastly brought the fact to the notice of this Court that one Md. Muslim Ansari, purchaser of Plot No.496 under Khata No.383, preferred a writ petition, being W.P. (C) against the recommendation of the Additional Collector, Ranchi to the Deputy Commissioner, Ranchi for cancellation of Jamabandi running in his favour. – The said writ petition was allowed by the learned Single Judge of this Court vide order quashing the said recommendation/order of the Additional Collector, Ranchi with an observation that the petitioner whose name is running in Register-II since 1983-84 is entitled to get rent receipt and, thus, the circle Officer, Ratu Anchal, Ratu, Ranchi was directed to accept the rent with respect to Plot No.496 under Khata no.383 of village Pundag and to grant rent receipt to him until the said Jamabandi in his name is held illegal or is cancelled by a Court of competent jurisdiction under the procedure established by law. – The State of Jharkhand challenged the said order by preferring Letters Patent Appeal, being L.P.A. which was also dismissed by the learned Division Bench of this Court vide order – Thereafter, the State of Jharkhand preferred Special Leave to Appeal (Civil) before the Hon’ble supreme Court, which was also dismissed vide order. – Another person, namely, Islam Ansari had also preferred a writ petition before this Court, being W.P.(C) No.1273 of 2008, for issuance of direction upon the respondents to issue rent receipt after accepting rent with regard to Plot No.304 and 262 of the same Khata i.e. Khata No.383 of village Pundag. – The said writ petition was also disposed of vide order, holding, inter alia, that the respondents have no authority to refuse acceptance of rent and issuance of rent receipt. – Impugned order passed by the Deputy Commissioner, Ranchi in Misc. Case and other consequential orders passed against the petitioners are quashed. – The respondents are directed to issue rent receipts in favour of the petitioners treating the Jamabandi standing in their names as legal and valid. – So far the claim of right, title and interest upon the said land is concerned, the respondents are at liberty to move before the competent civil court, if so advised. – It is needless to say that the aforesaid observations made by this court are on the basis of the facts available on record and thus the same will not influence/prejudice the case of the parties in a proceeding before the competent civil court relating to the title over the land in question. – Writ Petitions Disposed of
1. In W.P.C No.644 of 2016, the petitioner has prayed for issuance of direction upon the respondents to issue rent receipt in his favour for the land in question.
2. In W.P.C No.2783 of 2017, the petitioners have prayed for quashing the order dated 12.01.2016 passed by the Divisional Commissioner, South Chhotanagpur Division, Ranchi in Revenue Revision No.68 of 2012. Further prayer has been made for quashing the letter no.3540/Ra. dated 29.07.2015 issued under the signature of the Additional Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, whereby the proposal for cancellation of Jamabandi has been confirmed in terms with Section 4(h) of the Bihar Land Reform Act, 1950 (hereinafter to be referred as ‘the Act, 1950’). The petitioners have also prayed for quashing the order dated 02.02.2012 passed by the Deputy Commissioner, Ranchi in Misc. Case No.58/02-03/22/03-04, whereby the Jamabandi opened in the name of Lal Maheshwari Nath Shahdeo has been cancelled.
3. In W.P.C No.3581 of 2017, the petitioner has prayed for quashing the letter no.3540/Ra. dated 29.07.2015 issued under the signature of the Additional Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, whereby the proposal for cancellation of Jamabandi has been confirmed in terms with Section 4(h) of the Act, 1950. Further prayer has been made for quashing the order dated 02.02.2012 passed by the Deputy Commissioner Ranchi in Misc. Case No. 58/02-03/22/03-04, whereby the Jamabandi opened in the name of Lal Maheshwari Nath Shahdeo has been cancelled. The petitioner has also prayed for issuance of direction upon the respondents restraining them from forcibly dispossessing the petitioner from the land, pertaining to Sub-Plot No. 492/A, area 10 acres, Plot No.492/B, area 20 acres, R.S Plot No. 492, Khata No. 383, situated at village Pundag District Ranchi, measuring total 30 acres.
4. The factual background of the case as appears from the record is that the land pertaining to Khata No.383 Plot Nos. 492, 496, 443 and 446, situated at village Pundag Thana No. 228 District Ranchi is recorded in R.S record of right as Gair Mazarua Malik in the name of Baralal Kandrap Nath Shahdeo under Khewat No.2 of the said village. According to the petitioners, the then landlord orally settled 80 acres of land of R.S Plot No. 492 and 8 acres out R.S Plot No. 496 of Khata No.383, village Pundag, Thana No.228, District Ranchi (hereinafter called the said land) by way of Hukumnama dated 31.01.1943 to one Lal Maheshwar Nath Shahdeo and put him in possession of the said land. The settlee also paid rent of the said land to the landlord. The then landlord also settled R.S Plot Nos.443 and 496 to Kedar Nath Chaturvedi and R.S Plot No.446 to Nasirun Nisha. The landlord created a Trust known as “Chintamani Trust” and transferred the said land including other properties to the Trust and accordingly the settlee started paying rent to the Trust. After vesting of the land, the return was filed by the said Trust wherein Lal Maheswar Nath Shahdeo has been shown as settlee of the said land. A proceeding u/s 4(h) of the Act, 1950 was initiated against the Trust with respect to the said land and after due enquiry, the proceeding was dropped vide order dated 03.08.1959 passed by the Sub Divisional Officer, Sadar, Ranchi. Thereafter, a demand was opened in the name of Lal Maheswar Nath Shahdeo by the order of Additional Collector, Ranchi vide letter no.3247 dated 07.12.1964 and he started paying rent to the State. After the death of Lal Maheshwar Nath Shahdeo, his wife, namely, Draupadi Devi inherited the said land and came in physical possession of the same. Draupadi Devi sold 10 acres of the said land, which was marked as Sub Plot No.492/A of Khata No.383, to the mother of the petitioners-Lal Damodar Nath Shahdeo and Bara Lal Govind Nath Sahdeo, namely, Kanak Kumari Devi by virtue of registered deed dated 23.02.1983 and possession
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