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2023 Supreme(Jhk) 620

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Shobha Singh - Petitioner
Versus
The State of Jharkhand and Ors. – Respondents
W.P. (C) No.2073 of 2020 With W.P.(C) No.3691 of 2020
Decided On : 05-04-2023

Advocates Appeared:
For the Petitioners: Mr. Vimal Kirti Singh, Mr. Raunak Sahay, Mr. R. S. Mazumdar, Mr. Nishant Kumar Roy.
For the Respondents: Mr. Rajiv Ranjan, Mr. Shray Mishra, Mr. Pradeep Kumar.

Headnote:

Bihar Land Reforms Act, 1950 - Section 4(h) - Bihar Tenants Holding (Maintenance of Records) Act, 1973 - Section 19 – Land – Quashing entire proceeding – Cancellation of Jamabandi – Held, it is well settled that mutation neither creates nor extinguishes right, title and interest of any person upon a land - Cancellation of jamabandi would not resolve dispute between parties - State is claiming its title upon the said land on ground that the nature of land is “Gairmajarua Malik” - It is well known maxim “Nemo judex in causa sua” which literally means "no-one should be judge in his own cause" - Since State is a interested party, its authorities cannot unilaterally determine the genuineness of documents relied upon by the petitioners in support of their claim - Writ petitions are allowed.

ORDER :

1. W.P.(C) No. 2073 of 2020 has been filed for quashing the show cause notice dated 12.02.2020 issued by the Circle Officer, Kanke Circle, Ranchi-respondent no.2 in Misc. Case no.11 of 2019-20, whereby the petitioner has been asked to file reply to the said show cause notice explaining as to why her Jamabandi opened for the land, appertaining to Khata no.87, plot no.1232, Mouza Chama, Thana no.55, measuring an area of 10 decimals, be not cancelled under the provision of Section 4(h) of the Bihar Land Reforms Act, 1950. Further prayer has been made for quashing the entire proceeding of Misc. Case No.11/2019-20 initiated for cancellation of the petitioner’s Jamabandi over the land in question.

2. W.P.(C) No. 3691 of 2020 has been filed for quashing the show cause notice dated 12.02.2020 issued by the Circle Officer, Kanke Circle, Kanke, Ranchi in Misc. Case no.08 of 2019-20, whereby the petitioner has been asked to file reply to the said show cause notice explaining as to why her Jamabandi opened for the land, appertaining to Khata no.87, plot no.1232, Mouja Chama, Thana no.55, measuring an area of 50.90 decimals, be not cancelled under the provision of Section 4(h) of the Bihar Land Reforms Act, 1950. Further prayer has been made for quashing the entire proceeding of Misc. Case No.08/2019-20 initiated for cancellation of the petitioner’s Jamabandi over the land in question.

3. Since the issues involved in both the writ petitions are identical in nature, the same are being heard together and are being disposed of by this common judgment. W.P.(C) No.2073 of 2020 has been taken as a lead case for deciding the issues involved in both the writ petitions.

4. The factual background of the case, as stated in the said writ petition, is that the land appertaining to Khata No.87, Plot No.1232, measuring an area of 5.01 acres, situated at Village Chama, P.S. Ranchi, Revenue Thana No.55, District Ranchi (hereinafter to be referred as the said land) stands recorded in the Revisional Survey Record of Rights as "Gair Majarua Malik” in the name of ex. landlord- Maharaja Udaynath Shahdeo. In the year 1944, he settled the said land to the extent of 2.69 acres as well as the land appertaining to plot no.1239 of the said Khata measuring an area of 0.35 acre (total area 3.04 acres) in favour of one Dev Lal Sharma, son of Ram Kishan Sharma of Village-Chandwe, P.S. Ranchi, District- Ranchi, by way of a customary Hukumnama after taking salami and fixing annual rent. Thereafter, said Dev Lal Sharma took possession of the said land as the rightful owner and paid rent to the landlord. Pursuant to the vesting of intermediary rights in the State, a proceeding was initiated vide Case No. 352-R-8 II/1955-56 for fixation of fair rent in the name of the settlee and Form-M was prepared in his name. Thereafter, fair rent was fixed for the said land and, accordingly, Jamabandi was created in his favour and he regularly paid the rent to the State Government. In the year 1986, the Settlee gifted total land of 3.04 acres concerning Khata no.87, plot nos.1232 and 1239 to his grandson- Amod Kumar, son of Ram Narayan Sharma out of his love and affection vide registered deed of gift bearing Deed No.5916 dated 18.02.1986. Accordingly, said Amod Kumar through his guardian came in possession of the said land and mutation of the said land was also done in his name vide Mutation Case no.1073/R27/2001-02 entering the same in Register-II i.e. the revenue record.

5. Thereafter, in the year 2018, said Amod Kumar transferred 10 decimals of the said land being Sub-plot No.1232/18 in favour of the petitioner vide registered deed of sale executed on 27.07.2018. Mutation of the aforesaid portion of the said land was also done in the name of the petitioner vide Mutation Case No.5239 R 27/2018-19 on 13.02.2019 and she regularly paid the rent till revenue year 2020-21. Subsequently, notice dated 13.02.2020 was issued to the petitioner by the respondent no.2 in Case no.11/2019-20 i

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