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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Ravi Ranjan, Sujit Narayan Prasad, JJ.
The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Project Building, P.O. & P.S. – Dhurwa, Dist.-Ranchi & Ors. - Appellant
Versus
Lal Damodar Nath Shahdeo @ Damodar Nath Shahdeo, son of Late Baralal Krishna Nath Shahdeo resident of Palkotgarh - Respondent
L.P.A. No.91 of 2019
Decided On : 21-01-2021
Bihar Land Reform Act, 1950 - Section 4 - Possession of land - Proposal for cancellation of jama bandi - Appeal under Clause of Letters Patent directed against order/judgment court passed by Single Judge of this Court in whereby and writ petition has been allowed by quashing decision of authority as contained in Letter court whereby proposal for cancellation of has been confirmed in terms of Section 4 Bihar Land Reform Act hereinafter referred to as - Further order court passed by Deputy Commissioner Ranchi in Misc case whereby opened in name of has been cancelled - facts of case which require to be enumerated read as hereunder land pertaining to Plot and situated at village district Ranchi is recorded in R - S record of right as in name of said village - According to petitioners then landlord orally settled acres of land of R and acres out Plot No Thana district Ranchi by way to one and put him in possession of said land - Also paid rent of said land to landlord – Held Court are not deliberating upon issue in view of fact that basis upon which appellant-State is taking stand of non-issuance of rent receipt which has been affirmed in Revenue Appeal has already been quashed and set aside vide order court passed in therefore very basis of denial of claim of writ petitioner since is not in existence therefore issue of jurisdiction to cancel or applicability of Section has wrongly been agitated by appellant in instant case - Concern of this Court is that when very basis of denial of claim writ petitioners which is order court and order passed in Revenue Appeal have already been quashed by this Court vide order court it is not available for appellant-State to take plea of aforesaid order in not issuing rent receipt since it is admitted fact that said order has attained its finality - Considered aforesaid aspect of matter about order of writ court also considered fact that long running cannot be cancelled has quashed and set aside order passed by revenue authority - Reference in this regard be made to judgment rendered by Court in & Ors - State of Bihar & Ors wherein it has been held that long running cannot be cancelled save and except by filing a suit before competent court of civil jurisdiction – Order accordingly
JUDGMENT :
1. The matter has been heard through video conferencing with the consent of the learned counsel for the parties. They have no complaint about any audio and visual connectivity.
2. This is an appeal under Clause 10 of the Letters Patent directed against the order/judgment dated 03.07.2018 passed by learned Single Judge of this Court in W.P.(C) No.3581 of 2017 whereby and whereunder the writ petition has been allowed by quashing the decision of the authority as contained in Letter No.3540/Ra, dated 29.07.2015 whereby the proposal for cancellation of jamabandi has been confirmed in terms of Section 4(h) of the Bihar Land Reform Act, 1950 (hereinafter referred to as the Act, 1950). Further the order dated 02.12.2012 passed by the Deputy Commissioner, Ranchi in Misc. Case No.58/02-03/22/03-04, whereby jamabandi opened in the name of Lal Maheshwari Nath Shahdeo, has been cancelled.
3. The facts of the case which require to be enumerated read as hereunder:
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 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 Maheshwar 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 Maheshwar 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 was also given to her. Draupadi Devi also sold 20 acres of said land, which was marked as Sub Plot No. 492/B of Khata No.383 to one Anapurna Devi by another sale deed dated 19.02.1983 and she also came in physical possession of the same. Both Kanak Kumari Devi and Anapurna Devi filed applications before the Sub Divisional Officer, Sadar, Ranchi for mutation of the names of the purchasers. The said applications were registered as Misc. Case No.1/1985-86 and Misc. Case No.2/1985-86. The Deputy Collector Land Reforms, Ranchi vide order dated 01.07.1988 made a recommendation to the Additional Collector Ranchi for realization of rent from the applicants. In the meantime, a proceeding was initiated against Lal Maheshwar Nath Shahdeo with respect of 88 acres of land pertaining to Plot No.492 and 496 of Khata No.383 situated at village Pundag Thana No.228, District Ranchi and by order dated 15.06.2006, the Jamabandi running in the name of Lal Maheshwar Nath Shahdeo was cancelled behind the back of Kanak Kumari Devi and Anapurna Devi. Aggrieved by the said order, Kanak Kumari
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