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2024 Supreme(Jhk) 228

IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE THE ACTING CHIEF JUSTICE SHREE CHANDRASHEKHAR, HON’BLE MR. JUSTICE NAVNEET KUMAR, J.
The State of Jharkhand, through the Secretary, Revenue, Registration and Land Reforms Department and Ors. - Appellants
Versus
Md. Zulfan Ansari, son of Late Muslim Ansari - Respondent
L.P.A. No. 318 of 2022 With L.P.A. No. 231 of 2022 With L.P.A. No. 319 of 2022 With L.P.A. No. 320 of 2022 With L.P.A. No. 369 of 2022 With L.P.A. No. 406 of 2022
Decided On : 09-04-2024

Advocates Appeared:
For the Appellants : Mr. Ajit Kumar, Sr. Adv., Mr. Chanchal Jain, Adv.
For the State : M/s. Ratnesh Kumar [SC (L&C)-I], Rakesh Kr. Shahi, [A.C. to S.C. (L&C)-I], Aditya Raman (AC to GA III).
For the Respondents: M/s. Manoj Tandon, H.K. Shikarwar, Vijay Roy, Sumeet Gadodia, Shilpi Sandil Gadodia, Arun Kumar, Shruti Shekhar, Anupama Kumari, Prabhat Singh, Indrani Sen Choudhary, Advs.
For the Intervenor : Mr. R.S. Mazumdar, Sr. Adv., Mr. Nishant Kumar Roy, Adv.

IMPORTANT POINT
[The court established that disputes regarding land rights, especially those involving allegations of forgery and conflicting claims, must be resolved in civil courts rather than through writ petitions, reinforcing the principle that the writ jurisdiction is not suited for adjudicating complex factual disputes.]

Headnote:

CONDONATION - LAND DISPUTE - Bihar Land Reforms Act, 1950, Section 4(h) - The court discussed the provisions of the Bihar Land Reforms Act, 1950, particularly Section 4(h), which pertains to the authority of the State to initiate proceedings regarding land rights. The court interpreted that the initiation of such proceedings against individuals with established rights, as affirmed by previous judicial decisions, was not sustainable. The court emphasized the need for a competent civil court to adjudicate disputes involving title and possession of land, thereby influencing its decision to quash the orders of the writ court and allow the appeals for further legal recourse.

JUDGMENT :

Shree Chandrashekhar, A.C.J.

The Interlocutory Applications filed for condoning the delay in preferring the present Letters Patent Appeals are taken up for hearing.

2. After hearing the learned counsels for the parties and considering the facts and circumstances in these cases and also after going through the cause shown in these Interlocutory Applications seeking condonation of delay, we find sufficient ground to condone the delay in preferring the present Letters Patent Appeals and, accordingly, I.A. No. 7250 of 2023 in L.P.A. No. 318 of 2022, I.A No. 7246 of 2023 in L.P.A. No. 319 of 2022, I.A. No. 7248 of 2023 in L.P.A No. 320 of 2022, I.A No. 7247 of 2023 in L.P.A No. 369 of 2022 and I.A No. 7249 of 2023 in L.P.A No. 406 of 2022 are allowed.

3. In this batch of the Letters Patent Appeals, the State of Jharkhand seeks to challenge the orders passed by the writ Court on the ground that the disputed questions of fact as regards the right, title and interest in a landed property cannot be adjudicated in a writ proceeding and, that too, when serious allegations of forgery and fabrication of the records are made. In LPA No. 231 of 2022, the Chintamani Trust is aggrieved by the writ Court’s interference with the order dated 22nd October 2012 passed in Misc. Case No. 50(R)-15 of 2009-10 whereby the jamabandi opened in the name of Surajdeo Singh was cancelled. The order dated 18th April 2022 passed in W.P.(C) No. 7595 of 2012 filed by Surajdeo Singh is not put to challenge by the State of Jharkhand and, for this reason, Mr. Sumeet Gadodia, the learned counsel for the said respondent would submit that the State authorities must be held to have admitted the claim of Surajdeo Singh. He has made other independent submissions on behalf of this respondent to oppose this Letters Patent Appeal filed by the Chintamani Trust, which we shall deal with separately.

4. Before we proceed further, this requires a mention that the private respondents had approached the writ Court with a grievance that the State-authorities were not accepting rent and issuing rent receipts to them or that the jamabandi in their name was cancelled in a proceeding started by the statutory authority, or a proceeding under section 4(h) of the Bihar Land Reforms Act, 1950 was started against them. We may further indicate that all these cases and other litigations which came to this Court involved the lands comprised under Khata No.383 of Khewat No.2 at village Pundag in the capital city at Ranchi. For the stake of convenience, a few details concerning these Letters Patent Appeals are catalogued in a tabular chart hereinbelow:

Sl.No.

Writ Petition

Land description

Order under challenge/ relief sought

1

WP(C) No. 5365/2014

Khata No.383, Khewat No.2, Plot No. 496, area one acre and Plot No. 718, area 5 acres in village Pundag

Misc. Case No. 07/2010-11, T.R. No. 94/2010-11

2

WP(C) No. 7595/2012

Khata No.383, Plot No.496, Khewat No. 2, area of 7 acres in village Pundag

Order dated 22.10.2012 in Misc. Case No.50R15/2009-10

3

WP(C) No. 3878/2012

Khata No.383, Plot Nos. 303, 1722, 1723 & 1724, area of 2.90 acres of Mauza Pundag

For the rent receipts

4

WP(C) No. 1262/2010

Khata No.383, Plot No.260, Sub-plot No. 260/A-3, area of 3.75 Kathas in village Pundag

For mutation and rent receipts

5

WP(C) No. 7967/2012

Khata No.383, Plot No.260, area of 9.75 decimals in village Pundag

Memo No.1203 dated 12.07.2004/ issuance of rent receipt

6

WP(C) No. 7972/2012

Khata No.383, Plot No.260, area of 10 decimals in village Pundag

Memo No.1203 dated 12.07.2004/ issuance of rent receipt

L.P.A. No. 318 of 2022

5. Md. Julfan Ansari claiming right, title and interest over the land admeasuring a

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