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2018 Supreme(Jhk) 2188
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mrs. Anubha Rawat Choudhary. J. )
Ushman Mian - Appellant
Versus
State Of Jharkhand - Respondent
W. P. ©. No. 1597 of 2007
Decided On : 09-05-2018
Dilip Kr. Prasad, Advocate, Mr. D.C. Mishra, Advocate and Mr. Kishore Kr. Mishra, Advocate, for the Appellant; Anil Kumar, Sr. Advocate, Ms. Chandana Kumari, Advocate and Mr. Amit Kr. Verma, Advocate, for the Respondents
The judgment established that claims based on collusive documents are void, and emphasized the procedural requirements for donation and grant of land under the Bihar Bhoodan Yagna Act, 1954.
Headnote:
Bhoodan Yagna Act - Property Dispute - Bihar Bhoodan Yagna Act, 1954 - Section 10, 11, 13, 14
Fact of the Case:
The petitioner filed a writ petition seeking to quash orders related to a property dispute. The petitioner claimed rights over the property based on a settlement patta from 1944 and a Bhoodan Danpatra from 1962. The respondents contested the claim, arguing that the property was recorded in their name and that the petitioner's claims were collusive and void.
Finding of the Court:
The court found that the property was recorded in the name of the respondents and that there was no evidence of abandonment by the recorded tenant. The court also held that the petitioner's claims based on the settlement patta and Bhoodan Danpatra were collusive and void. The court dismissed the writ petition.
Issues: The issues revolved around the validity of the petitioner's claims based on the settlement patta and Bhoodan Danpatra, and the rights of the recorded tenant over the property.
Ratio Decidendi: The court held that the petitioner's claims based on the settlement patta and Bhoodan Danpatra were collusive and void. The court also emphasized the procedural requirements under the Bihar Bhoodan Yagna Act, 1954 for donation and grant of land, and found that the petitioner's father was not entitled to the land under the Act.
Final Decision: The writ petition was dismissed, affirming the rights of the recorded tenant and rejecting the petitioner's claims based on the settlement patta and Bhoodan Danpatra.
ORDER
Anubha Rawat Choudhary. J. - Heard Mr. Dilip Kumar Prasad, counsel appearing on behalf of the petitioner assisted by Mr. D.C. Mishra, Advocate.
2. Heard Mr. Anil Kumar, Senior counsel appearing on behalf of the private respondents assisted by Ms. Chandana Kumari, Advocate.
3. This writ petition has been filed for the following reliefs:-
"For quashing of the order dated 16-1-2007 passed by the learned Commissioner, Santhal Pargana, Dumka in Rev. Misc. Appeal Case No.100/2005-06 whereby and whereunder the said appeal/statutory appeal filed on behalf of the petitioner against order dated 27.02.2006 passed by the learned Court below Dumka in R.M.A. case no.33/1997-98 has been rejected And also for quashing of the order dated 27-2-2006 passed in R.M.A. Case No.33-1997-98 by the learned Deputy Commissioner, Dumka whereby and whereunder the said case preferred by the respondents against the order dated 27-8-1997 passed by the Learned SubDivisional Officer, Dumka in R.E. Case No.53/1995-96 has been allowed. And further prays for issuance of an appropriate writ commanding upon the concerned respondents upholding and confirming the order dated 27.8.1997 passed by the learned Sub-Divisional Officer, Dumka in R.E. case No.23 of 1995-96."
4. Counsel for the petitioner on facts submits as under:-
a) That the recorded tenant of the property abandoned the land in question.
b) The Jamindar of the said abandoned property had settled a portion of the same being plot no.184 area 1 Bigha 5 Katha 17 dhurs, Plot No.60 area 16 Katha 10 dhurs and plot no.61 area 9 katha 10 dhurs by Settlement Patta no.46 dated 3112-1944 with Katki Mian who was the father of the petitioner.
c) The father of the petitioner came in peaceful possession of the property. The fact that the property was settled in favour of the father of the petitioner is also apparent from the return of the Jamindari which was filed after the vesting of the Jamindari.
d) The name of the father of the petitioner was mutated in Mutation Case No.9 of 1991-92 and it was also entered in Register-II.
e) He submits that another portion of the property being plot no.184 area 1 bigha 12 katha was donated by the Bhoodan Danpatra dated 7-5-1962 under the provisions of Bihar Bhoodan Yagna Act, 1954 and thereafter the said Dan Patra was also confirmed vide order dated 19.08.1987 after due enquiry in Bhoodan Case No.8 of 1986-87.
f) Mutation was also done in connection with the said property being Bhoodan Mutation Case No.3 of 1988-89 and the petitioner continued to be in peaceful possession of the property.
g) He submits that as the recorded tenant had abandoned the land, the Jamindar was within his right to settle the property vide Settlement Patta No.46 dated 31.12.44 and accordingly the recorded tenant had no right title and interest over the property.
h) He further submits that so far as the property which has been acquired by virtue of Bhoodan Danpatra is concerned, the same was duly confirmed vide order dated 19.08.1987 in Bhoodan Case No.8 of 1986-87 and the same was never challenged by any person therefore the order has attained finality and under such circumstances the right, title, interest and possession of the petitioner in connection with the said property covered by the Bhoodan Danpatra cannot be questioned.
i) He submits that a petition under Section 42 of the Santhal Pragana Tenancy (Supplementary Provisions) Act, 1949 was filed by the private parties for restoration of the aforesaid lands and was numbered as R.E. Case No.53 of 199596. In the said proceedings notice was issued to the father of the petitioner and after considering the show-cause the Sub-Divisional Officer rejected the petition of the recorded tenant vide order dated 23.08.1997.
j) The private respondents herein filed R.M.A. Case No.33 of 1997-98 against the order dated 23.08.1997 and the Deputy Commissioner, Dumka was pleased to set-aside the order of the Sub-Divisional Officer and cancelled the settlement of the fat
