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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SUBHASH CHAND, JJ.
Sapan Kumar Saha – Appellant
Versus
State of Jharkhand – Respondent
L.P.A. No.242 of 2018
Decided on : 24-04-2023
Settlement - Bihar Land Reforms Act, 1950 - Section 4(h)
Fact of the Case:
The case involves a dispute over the cancellation of a land settlement made in 1948 under the Bihar Land Reforms Act, 1950. The appellants claimed title over the land based on a settlement made in 1948, subsequent demands, and rent receipts. The Deputy Commissioner cancelled the settlement and subsequent demands, a decision upheld by the appellate authority and the High Court.
Finding of the Court:
The High Court found that the settlement was suspicious due to the lack of continuous rent receipts and evidence of possession by the settlee. The court also noted that the settlement was made after the cut-off date of 01.01.1946 specified in Section 4(h) of the Act. The court upheld the decision of the revenue authority based on the evidence and legal provisions.
Issues: The main issues were the validity of the land settlement, the sufficiency of evidence, and the application of Section 4(h) of the Bihar Land Reforms Act, 1950.
Ratio Decidendi: The court held that the settlement was doubtful due to the absence of continuous rent receipts and evidence of possession. The court also emphasized the importance of the cut-off date specified in Section 4(h) of the Act, which led to the cancellation of the settlement.
Final Decision: The appeal was dismissed, and the decision of the revenue authority to cancel the settlement and subsequent demands was upheld by the High Court.
JUDGMENT :
Sujit Narayan Prasad, J.
The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 16.02.2018 passed by the learned Single Judge of this Court in W.P.(C) No.353 of 2003, whereby and whereunder, the order dated 04.09.2001 passed by the respondent no.3 in case No.1/97, T.R. No.79 R 15/2000-01, by which, the transfer made by Deed dated 16.04.1948 has been cancelled along with subsequent demands opened in respect of the land in question as also the order dated 20.08.2002 passed by the respondent no.2 in Ranchi Misc. Appeal No.067/2002 confirming the order dated 04.09.2001, have been declined to be interfered with.
2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder:-
It is the case of the writ petitioners/appellants that the land appertaining to R.S. Plot Nos.549 and 1051 of Khata No.60 situated at village Kamre, P.S. Kanke, District Ranchi was recorded in the revisional survey record of right as Gair Majarua Malik in the names of Bishun Dayal Bharti and others. Kailash Nath Bharti son of Bishun Dayal Bharti and others settled the lands measuring an area of 1.25 acres and 10.80 acres i.e., 12.05 acres respectively out of R.S. plot nos.549 and 1051 of khata no.60 situated at village Kamre, P.S. Kanke, District Ranchi in favour of Babu Krishna Ballabh Narayan Singh by virtue of registered deed of settlement dated 16.04.1948 and the settlee came into possession over the same.
It is the further case of the writ petitioner/appellants that the settlee, namely, Babu Krishna Ballabh Narayan Singh paid rent to the then landlord and rent receipts were duly issued by the then landlord. After vesting of the estate the then landlord (exintermediary) filed return under the provision of Bihar Land Reforms Act, 1950 showing that the said lands of R.S. Plot No.1051 measuring 10.80 acres and R.S. plot no.549 measuring 1.25 acres total 12.05 acres are in possession of the aforesaid Babu Krishna Ballabh Narayan Singh having raiyati right over the same. The said Babu Krishna Ballabh Narayan Singh by virtue of registered deed dated 27.04.1961 relinquished his interest with respect to the aforementioned lands in favour of one Smt. Bameshwari Devi. The said Smt. Bameshwari Devi applied for mutation of her name and after making due enquiry the Circle Officer found her in possession of the said lands and allowed mutation in her name vide order dated 21.01.1963.
The said Bameshwari Devi was remained in possession over the land in question and thereafter, the said Bameshwari Devi sold the lands measuring 12.05 acres out of plot nos.549 and 1051 of khata no.60 situated at village Kamre, P.S. Kanke, District Ranchi in favour of Abdul Hazif, Mansoor Ansari and Md. Ismail jointly and put them in possession over the same.
The said Abdul Hazif, Mansoor Ansari and Md. Ismail sold the land measuring 1.25 acres out R.S. plot no.549 and 2.80 acres out of R.S. plot no.1051 total 4.05 acres to Nilanchal Sahkari Grih Nirman Sahyog Samitee Limited. The Nilanchal Sahkari Grih Nirman Sahyog Samitee Limited applied for mutation of its name with respect to the said 4.05 acres appertaining to R.S. plot no.549 and 1051 of khata no.60 situated at village Kamre, P.S. Kanke, District Ranchi on the basis of which mutation case no.324R -27 of 1990-91 was registered and the Circle Officer after making due enquiry passed the order for mutation of name of the said Samiti vide order dated 28.08.1990 and accordingly, correction slip was issued and rent receipts has been issued in the name of said Samiti. The said Samiti distributed the said land among its members. The writ petitioners who are the members of the said Samiti have also been allotted the lands out of plot no.1051 and accordingly, deeds of sale were executed and registered in the name of the petitioners on 16.03.1989 and the petitioners were put in possession over their lands.
Thereafter, the
The judgment emphasizes the importance of continuous rent receipts and evidence of possession in validating land settlements under the Bihar Land Reforms Act, 1950. It also highlights the significanc....
The main legal point established in the judgment is that the settlement made in favor of the vendors of the writ petitioners had already attained finality by the order of the Patna High Court, and th....
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