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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY, J.
Bimla Devi W/o Late Babu Ram Mahto – Petitioner
Versus
State of Jharkhand – Respondent
W.P. (C) No. 1966 of 2004
Decided On : 20-07-2018
Restoration - Chotanagpur Tenancy Act - Section 46(4) - Summary of Acts and Sections: The court discussed the provisions of Section 46(4A) of the Chotanagpur Tenancy Act, 1908, and the implications of the Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961. The court highlighted the interpretation of Section 72 of the Chotanagpur Tenancy Act, 1908, and its applicability to the surrender and settlement of land.
Fact of the Case:
The petitioners claimed possession of the land based on registered surrender and settlement deeds from 1942. The respondent filed for restoration of the land under Section 46(4A) of the Chotanagpur Tenancy Act, alleging dispossession only eight years prior. The courts considered the evidence and the applicability of limitation, and the final court found the orders of the lower authorities to be perverse and set them aside.
Finding of the Court:
The court found that the respondent's claim of dispossession was solely based on a notification under the Bihar Land Reforms Act, and the lower authorities failed to consider the legality of the surrender and settlement deeds from 1942. The court concluded that the orders of the lower authorities were perverse and set them aside.
Issues: The issues revolved around the possession of the land, the applicability of limitation, and the legality of the surrender and settlement deeds from 1942.
Ratio Decidendi: The court's decision was based on the failure of the lower authorities to consider the legality of the surrender and settlement deeds from 1942 and the reliance on a notification under the Bihar Land Reforms Act for the claim of dispossession.
Final Decision: The court set aside the orders of the lower authorities, finding them to be perverse, and allowed the writ petition.
1. Heard Mr. Kundan Kumar Ambastha, counsel appearing for the petitioners.
2. Heard Mr. P.P.N. Roy, Senior counsel assisted by Ms. Pragati Prasad, counsel appearing for the private respondents.
3. Heard Mr. Ashish Kumar Thakur, counsel appearing for the respondent-State.
4. This writ petition has been filed for the following reliefs:
“For issuance of an appropriate Writ/Rule/Order/Direction for quashing of the order dated 7.2.1986 passed by the D.C.L.R. Bermo in Restoration Case No. 16/85-86 contained in Annexure-4 to this writ petition by which order has been passed for restoration of 9.63 Acres of land out of Plot No. 33 of Khata No. 45 situated at village Gajhandih, P.S. Jaridih District Giridih in favour of the Respondent no. 5 under the provision contained in Section 46(4) of the C.N.T. Act and for quashing the Order dated 12.5.1988 passed by the Additional Collector, Giridih in Restoration Appeal No. 32/85-86 by which the Appeal filed by the petitioners has been dismissed (Annexure-5) and for quashing the order dated 25.11.2003 passed by the Commissioner, North Chotanagpur Division, Hazaribagh in Land Restoration Revision No. 84/99 dismissing the Revision filed by the petitioners contained in Annexure-8 to this writ petition and for such other relief or reliefs to which the petitioners are legally entitled to.”
5. Counsel for the petitioners submits as under:
(a) Tial Manjhi, Babulal Manjhi and Thakur Manjhi were the recorded tenants of the property involved in this case. By a registered deed of surrender dated 20.04.1942, the recorded tenants surrendered the property in favour of the land lord who came in possession of the property and thereafter, the ex-landlord settled the entire property by way of another registered deed of Kabuliyat dated 20.04.1942 in favour of the father of the original writ petitioners. Thereafter, the petitioners were regularly making payment of rent to the land lord and after vesting in the State, the petitioners have been recognized as raiyats and they have been regularly making payment of rent to the State of Bihar.
(b) Counsel for the petitioners further submits that after a lapse of more than 43 years from the date of registered-deed of surrender and registered deed of settlement both dated 20.04.1942, the respondent no. 5 (since deceased and substituted) filed an application before Land Reform Deputy Collector, Bermo at Tenughat on 30.07.1985 claiming restoration of land under Section 46(4) of Chotanagpur Tenancy Act, 1908 alleging that the original respondent no. 5 was forcefully dispossessed only eight years back. On the basis of this application, Land Restoration Case No. 16 of 1985-86 was registered. Thereafter, a show-cause was filed by the petitioner stating that he is having title and possession over the land at least for last 43 years on the basis of the registered surrender by the recorded tenant and registered settlement by the ex-landlord as back as on 20.04.1942. Thereafter, they came in physical possession of the property and are in continuous possession.
(c) Counsel for the petitioners further submits that as it is apparent from the original order passed by the Land Reform Deputy Collector dated 07.02.1986, a plea was also taken that the claim of the applicant was barred by limitation.
(d) He submits that vide Annexure-4 to this writ petition, the application for restoration of land was allowed. The basis for allowing the application for restoration was that a proceeding was drawn against the father of the applicant by Sub-divisional Officer, Bermo being Proceeding No. 36 of 1973-74 under the provisions of Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land Act), 1961 and draft statement detailing the land held by the father of the applicant was published under Section 11 of the aforesaid Act of 1961 which was never questioned or disputed by the petitioner herein and consequently, the said publication under Section 11 of the aforesaid Act of 1961 confi
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