JUDGMENT :

Shree Chandrashekhar, J.

WP(C) No. 4907 of 2021 filed by Sonu Pascal Ekka son of late Esrael Ekka and WP(C) No. 4953 of 2021 filed by Suresh Tirkey son of late Kanhu Tirkey both residents of village Bara Ghaghra within the district of Ranchi in the State of Jharkhand were dismissed on 31st March 2022. By this order, the writ Court rejected their challenge to the notice communicated through letter dated 25th October 2021 and public notice dated 23rd December 2021, for removing encroachments over the lands belonging to Ranchi Municipal Corporation (in short, RMC).

2. Suresh Tirkey and Sonu Pascal Ekka have challenged the aforesaid order dated 31st March 2022 passed by the writ Court.

3. The writ petitioners who are appellants before us claimed right, title and interest over Plot Nos. 57 and 58 under Khata No. 328 in village Bara Ghaghra which are recorded in the name of their ancestors in the cadastral survey record of rights. They pleaded that their fathers/forefathers were in khas possession of the aforesaid lands before 1908 (when Chota Nagpur Tenancy Act came into force) and after their death they have been peacefully enjoying the stated properties. On such pleadings, they took a stand that any wrong entry in the revisional survey record of rights in the name of Municipality would not divest them of their lawful rights over the said properties and merely by a notice they cannot be forcibly dispossessed from their properties.

4. Both writ petitions were taken up for hearing on a Sunday upon urgent mentioning by their learned counsel and the notice served upon them, both dated 23rd December 2021, issued by the Deputy Municipal Commissioner, RMC requiring the noticees to remove encroachments from Plot Nos. 57 & 58 within Khata No. 328 under Thana No. 221 at Mauza Bara Ghaghra, was stayed by the writ Court by an order dated 26th December 2021.

5. In the proceedings before the writ Court, the State of Jharkhand did not file any affidavit and the respondent nos. 6 and 7 which are the contesting parties pleaded that RMC claims the aforesaid lands comprised within Khata No. 328 by virtue of an entry in the revisional survey record of rights.

6. RMC put forth the following stand:

9. That it is stated and submitted that the lands pertaining to Khata No. 328, Plot No. 57 and 58 alongwith other plots under Khewat No. 21 of village Bada Gaghara, Thana No. 221 District-Ranchi stand recorded in the Revisional Survey Record of Rights in the name of Municipality.

10. That it is stated and submitted that the as per section 84 of the CNT Act every entry in the Revisional Survey Settlement Record of Rights so published shall be presumed to be correct.

11. That it is stated and submitted that in case of conflict between an earlier and a later entry, the Record of Rights of later entry shall prevail. In other words, the entry made in the Revisional Survey Record of Rights shall prevail over the entries of the Cadastral Survey Record of Rights. It is beyond doubt that the land in disputed is owned by Ranchi Municipal Corporation and the petitioner alongwith other over the land in question are none but, trespassers.

12. That it is stated and submitted that answering respondent, in the capacity of having title over the land in dispute, has executed a Deed of Lease deed on 27th July, 2016 in favour of M/s Apollo Hospitals Enterprise Limited and leased all that piece and parcel of land measuring an area 2.80 acres more or less under Khata No. 328, Plot No. 57 and 58 situated at village-Bada Ghagara, Thana No. 221 Ranchi for the purpose of construction of esteemed Multi-Speciality Hospital with a capacity of 200 beds at Bara Ghaghra, Doranda, Ranchi on Public Private Partnership (PPP) basis.

13. That it is stated and submitted that in the light of the above Deed of Lease, Urban Development and Housing Department, Government of Jharkhand vide its notification no. 167 dated 21st November 2016 had released and granted administrative approval for sum of Rs.