Revenue authorities cannot deliver possession of land or resolve title disputes without a competent court's order, emphasizing the need for judicial intervention in property rights enforcement.

ORDER :

RAJESH SHANKAR, J.

1. The present writ petition has been filed for quashing the order dated 29^th November, 2022 passed by the Deputy Commissioner, Ramgarh (respondent no. 2) in Miscellaneous Case No. 65/2022 (Annexure -4), whereby the application filed by the petitioner to provide security for demarcation of his land appertaining to Khata No.9, Plot No.118 measuring an area of area of 8.5 decimals and Khata No.9, Plot No.116 measuring an area of area of 6 decimals situated at village- Labga, P.O.- Balkurdra, Block- Patratu (hereinafter to be referred as the “said land”) as well as for construction of boundary wall over the same has been rejected. Further prayer has been made for issuance of direction upon the respondent nos.2 and 3 to provide security during demarcation of the said land and construction of boundary wall over the same, as the respondent no.4 with the help of some anti-social elements is creating disturbance to the petitioner over the said land withrespect to his peaceful possession

2. Learned counsel for the petitioner submits that the father of the petitioner had purchased several plots of Khata No.9, Village-Labga measuring total area of 2.63 acres in the name of petitioner and his elder brother Triveni Mahto from one Devaki Mahto vide sale deed no.1067 dated 27^th March, 1957. The said land was also mutated in the name of petitioner and his elder brother and they paid rent to the Government for which rent receipts were also issued in their names.

3. It is further submitted that one Dhanu Mahto @ Ghanu Mahto started claiming the said land on the basis of a manufactured sale deed said to be executed by the elder brother of the petitioner Triveni Mahto in his favour on 11^th December, 1959. The petitioner having come to know about the said manufactured sale deed, filed a title suit being Title suit No. 50 of 1994 which was decreed in his favour vide judgment dated 24^th September, 1998 declaring the sale deed No.3740 dated 11^th December, 1959 null and void.

4. Thereafter, the petitioner filed an application before the Deputy Collector Land reforms, Hazaribagh for cancellation of the Jamabandi running in the name of Ghanu Mahto @ Dhanu Mahto or his legal heirs on the basis of forged sale deed No.3740 dated 11^th December, 1959 as the same was declared null and void by the learned Munsif, Hazaribagh vide judgment dated 24^th September, 1998 passed in Title Suit No.50 of 1994.

5. The Deputy Collector Land Reforms, Hazaribagh vide its order dated 22^nd August, 2007 passed in C.R.R. Case No. 05/2006- 07 cancelled the Jamabandi running in the name of Ghanu Mahto @ Dhanu Mahto and others including the respondent no.4-Khageshwar Mahto. The petitioner filed various representations before the respondent-authorities including the respondent no.2 for providing security so as to enable him to get measurement of the said land done and the boundary wall over the same be constructed. However, his representations were not responded by the respondent no.2.

6. It is further submitted that the petitioner being aggrieved with the said situation filed a writ petition being W.P.(C) No. 2033 of 2020 which was disposed of vide order dated 28^th June, 2022, directing the respondent no.2 to pass necessary order in accordance with law after verifying the suit land personally. Subsequently, the petitioner filed Contempt Case (Civil) No.626 of 2022 against the respondent no.2 alleging wilful violation of the order dated 28^th June, 2022 passed in W.P.(C) No.2033 of 2020. In the said contempt case, the respondent no.2 came up with the order 29^th November, 2022 passed in Misc. Case No