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2018 Supreme(Jhk) 513
IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Md. Sidique Kasmi and Ors. - Appellant
Versus
The State of Jharkhand and Ors. - Respondent
WP(C) No. 512 of 2016
Decided On : 29-01-2018
Advocate Appeared:
For the Appellant : A.K. Sahani
For the Respondent: Vineet Prakash
The legality of jamabandi cancellation and the need for due process and opportunity for hearing before such cancellation.
Headnote:
Raiyati Recognition - Land Dispute - Bihar Land Reforms Act, 1950, Section 4(h), Hukumnama - Gair Mazurwa Khas - Jamabandi Cancellation - Government Acquisition - Fishery Right
Fact of the Case:
The petitioners sought to quash an order rejecting their raiyati right over a land and tank they purchased, citing historical transactions and proceedings. The respondents contested the claim, alleging doubtful settlement and lack of genuine raiyati right.
Finding of the Court:
The court directed to keep the order in abeyance until a decision is made under Section 4(h) of the Bihar Land Reforms Act, allowing the petitioners an opportunity to present their case.
Issues: Dispute over raiyati recognition, validity of historical transactions, and the legality of the jamabandi cancellation proceeding.
Ratio Decidendi: The court emphasized the need for due process and opportunity for hearing before canceling jamabandi, as per legal principles established in previous cases.
Final Decision: The court disposed of the writ petition, directing to keep the order in abeyance and allowing the petitioners to present their case before the Deputy Commissioner.
RAJESH SHANKAR, J.
1. The present writ petition has been filed for quashing the order dated 12.5.2015 passed by the respondent No. 3-Deputy Commissioner, Giridih in Raiyati Reorganization Record Case No. 1 of 2014-15 (LR-03/2014-15), whereby the prayer of the petitioners for recognizing their raiyati right has been rejected with a direction upon the respondent No. 6-the Circle Officer, Dumri, Giridih to transfer the said land immediately to the Government. The factual background of the case as stated in the writ petition is that the petitioner Nos. 1 to 7 and the father of the petitioner No. 8 had purchased the land situated at Village-Shankardih, Thana-Dumri, P.S. No. 187, having total area of 12 acres 20 decimals of Khata No. 17, Plot Nos. 633, 634, 635 and 717 (hereinafter referred to as "the said land and tank") by way of registered sale-deed dated 30.1.1985 from one Jageshwar Prasad. Pursuant to a public petition, the respondent No. 5-the Land Reforms Deputy Collector, Giridih issued a letter under Memo No. 2106 dated 19.9.1985 directing the respondent No. 6-the Circle Officer, Dumri to send enquiry report regarding the said land and tank and the respondent No. 6 initiated a proceeding being Misc. Case No. 12/1985-86 against the petitioners, however, vide order dated 28.12.1985, the same was dropped. Thereafter, on the basis of the application of the petitioners dated 4.1.1986, a mutation proceeding of the said land and tank was initiated vide Mutation Case No. 999 of 1985-86 and vide order dated 30.1.1986, the mutation application was allowed. However, on the basis of a public petition, another proceeding being Case No. 1 of 1986-87 was initiated on 21.3.1986 under Section 4(h) of the Bihar Land Reforms Act, 1950, however, vide order dated 24.5.1986, the respondent No. 5 dropped the said proceeding by accepting the response submitted by the petitioners. Subsequently, on the basis of a petition filed by one Kuldeep Prasad, Misc. Case No. 5 of 2011-12 was initiated by the Circle Officer, Dumri (respondent No. 6) on 28.7.2011 and finally, vide order dated 13.10.2011, the same was also dropped by rejecting the claim of the complainant. The petitioners, thereafter made an application requesting inter alia for their raiyati recognition upon the said land and tank, whereupon the respondent No. 6 recommended for the same and the respondent No. 5 also approved the said recommendation and sent the record to the Sub-Divisional Officer, Dumri. However, vide impugned order dated 12.5.2015 passed in Case No. 1 of 2014-15 (LR-03 of 2014-15), the respondent Nos. 3 and 4 rejected the recommendation for raiyati recognition over the said land and tank with a direction to the respondent No. 6 to cancel the jamabandi running in the name of the petitioners and to transfer the said land and tank in favour of the State.
2. The learned counsel for the petitioners submits that the said land and the tank belonged to Raja Ran Bahadur Singh which was settled to Shri Damodar Prasad Lala by virtue of Hukumnama dated 4.5.1927. Subsequently, the same was sold to Baleshwar Prasad and by virtue of a registered partition dated 22.11.1958, the said land and tank came in the share of Parmeshwar Ram. The Circle Officer-cum-Block Development Officer, Dumri had issued a notice for Sairat Settlement to be held on 15.7.1971 with respect to Plot Nos. 633 and 635, however, after the objection of Parmeshwar Ram, the same was dropped vide order 15.11.1971 by holding that any settlement made prior to 1.1.1946 cannot be re-opened. It is further submitted that the long running jamabandi cannot be cancelled without following the due procedure of law. The impugned order dated 12.5.2015 has also been passed in violation of the principles of natural justice and thus, the same may be set aside.
3. Per contra, learned counsel for the respondent-State submits that 0.337 acres land of Plot No. 717 has been acquired by the Government and the petitioners have claimed compensa
