2018 Supreme(Jhk) 1158
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anubha Rawat Choudhary, J.
Arbind Giri S/o late Shukdeo Giri and Ors. – Petitioners
Versus
State of Bihar and Ors. – Respondents
C.W.J.C. No. 1763 of 1999(R)
Decided On : 07-08-2018
For the Petitioner:Mr. V. Shivnath, Senior Advocate, Mr. Rajiv Ranjan, Senior Advocate, Mr. Kundan Kumar Ambastha, Advocate
For the Respondent:Mr. Anuj Kumar, Advocate, Mr. Mokhtar Ahmad, Advocate, Mr. Rajiv Anand, G.A.-IV, Ms. Priya Agrawal,
Headnote:Chotanagpur Tenancy Act, 1908—Sections 48 and 71A—Restoration of land—Bar of limitation—Petitioners have failed to prove their possession since year, 1948 and also failed to prove their possession prior to 1965—Application for restoration was filed in year 1974—Merely because application for restoration of land in year 1974 was initially initiated under Section 71A of Chotanagpur Tenancy Act, 1908 for a large area of land and was subsequently converted into a proceeding under Section 48 of the Act of 1908 in year, 1980-81 by confining it to area involved in this case , same will not entitle petitioners to calculate limitation from year 1980-81—Order passed by Commissioner upheld—Writ petition dismissed. (Paras 18 to 21)
Heard the counsels appearing for the petitioners.
2. The writ petition was originally argued by learned Senior counsel Mr. V. Shivnath, but for the rejoinder, another Senior counsel Mr. Rajiv Ranjan was engaged who has argued the case in rejoinder to the arguments of the respondents.
3. Heard Mr. Anuj Kumar, counsel appearing for the private respondents.
4. Heard Mr. Rajiv Anand, counsel assisted by Ms. Priya Agrawal, counsel appearing on behalf of the respondent-State.
5. At the outset, Senior counsel appearing on behalf of the petitioners Mr. V. Shivnath has submitted that this case has nothing to do with the properties acquired for A.G. Office House Construction Society Limited in Land Acquisition Case No. 261 of 1960-61 although in the writ petition, much has been stated about the acquisition of large chunk of property by the State for the said society. This position was reiterated by counsels appearing on behalf of the respondents as well as Senior counsel appearing on behalf of the petitioners during rejoinder.
6. This writ petition has been filed for the following reliefs:
“For quashing the order dated 22.05.1987 passed by the Special Officer, Scheduled Areas Regulation, Ranchi in S.A.R. Case No. 4 of 1980-81 contained in Annexure-16 to this writ application by which the lands measuring 0.16 acres out of R.S. Plot No. 322 of Khata No. 163 situated at Village-Kadru, P.S. Argora, District: Ranchi have been ordered to be restored to Parna Pahan father of respondent no. 5 as well as the order dated 30.12.1989 passed by the Additional Collector, Ranchi, respondent no. 3 in S.A.R. Appeal No. 40R15 of 1987-88, contained in Annexure-17 to the writ application dismissing the appeal filed by the petitioner no. 5 as well as the order dated 18.5.99 passed by the Commissioner, South Chotanagpur Division, Ranchi in Ranchi Revenue Revision No. 25 of 1990 contained in annexure- 18 to the writ application dismissing the revision filed by the petitioner no. 5.”
7. Senior counsel appearing on behalf of the petitioners during the course of argument has submitted as under:
(a) The property involved in this case is Khata No. 163, Plot No. 322 village Kadru, P.S. Argora. The Plot No. 322 is a huge plot out of which some portion has been acquired by the respondent state and rest of the land is involved in this case was never acquired by the State.
(b) Counsel for the petitioners by referring to paragraph no. 4 of the writ petition submits that the property has been recorded as Bakasht Bhuinhari in R.S. record of rights finally published in the year 1955 and he submits that the property was recorded in the name of Parna Pahan. Said Parna Pahan orally settled 0.17 acres of land to the petitioners’ father Raja Ram Giri which was confirmed by virtue of grant of rent receipts and delivery of possession followed by customary Hukamnama dated 17.09.1948 and the said settlee remained in possession of the property. In the year 1958, the father of the petitioners had constructed building in portion of the said property at a cost of Rs. 50,000/-. The Hukmnama was for 0.17 acres of land and out of 0.17 acres of land, to the extent of 4 decimals, was acquired by the State of Bihar for the purposes of widening of road vide L.A. Case No. 13 of 1966-67 for which award was prepared in the name of the father of the petitioners and compensation was duly paid to the father of the petitioners.
(c) However, the petitioners’ father expired in the year, 1967. Thereafter, the petitioners being the legal heirs and successors of Late Raja Ram Giri continued to remain in possession of the property and rather, started residing in the house standing thereon. Their name was mutated in Ranchi Municipality in the year, 1968 and they have been regularly paying taxes to Ranchi Municipality/Ranchi Municipal Corporation.
(d) He further submits that the petitioners got the pipelines connection for water in the year, 1966 and got the electricity connection in the year, 1965.
(e) Couns