The High Court found that disputes regarding land ownership and document validity should be resolved in civil court, not through writ proceedings, due to the unreliability of the petitioner's documents.

JUDGMENT :

Heard learned counsel for the parties.

2. The instant writ application has been preferred by the Petitioner praying therein for quashing of the order issued under Memo no. 39(Chh)01/2016 dated 14/03/2016, (Annexure-8); by which in Circle-Domchanch in Village Karakhut, Thana No.353 under Khata no.114 being Khasara No. 1658 comprising an area 5 Acres land was transferred out of 22 Acre 52 Decimals (hereinafter to be referred as the Land)for construction of Girls residential School. Petitioner has also assailed the order dated 08/02/2018 (Annexure-10), passed by the 3rd Respondent without issuance of any notice to the petitioner although the land in question was settled by one Bunda Bai Wife of Nathan Lal Rawat in the name of Late Anokhe Lal Rawat, father of petitioner.

Petitioner has also prayed for a direction upon the concerned Respondent to pay compensation for land in question to this Petitioner.

3. The brief facts of this case as it appears from the writ petition are that the land of Khata no. 114, Khewat No. 1658 Area 22.52 Acres was obtained by father of petitioner Late Anokhelal Rawat by way of Hukumnama by one Bunda Bai on 30 Sawan 1348. After vesting of Jamindari, the father of Petitioner was recognized as heir and his name were entered in Register-II of Khata No.114 and rent was paid up to 2001.

On 18/12/2000, the Circle Officer, Koderma issued Land Possession Certificate of Khata no. 114, Plot No. 1658 Area 22.52 Acres of Late Anokhelal Rawat father of petitioner. The Commissioner, North Chhotanagpur Division, Hazaribagh vide order dated 14/03/2016 intimated the Accountant General Jharkhand that Circle Domchanch Village-Karakhut Thana No. 353, Khata no. 114 Kesara-1658 Area 5 Acres Gair Majarua Khas has acquired for Construction of Residential School.

4. Pursuant thereto; the Petitioner moved this Court in W.P.(C) No.1316 of 2017, which was disposed of on 22/11/2017 by directing the Deputy Commissioner, Koderma to consider case of the Petitioner. Thereafter, the Deputy Commissioner, Koderma passed an Order dated 08/02/2018; whereby the claim of the Petitioner was rejected though the claim of the Petitioner is that he has valid document in support of his case.

5. Learned counsel for the petitioner submits that the Respondents have no authority to transfer the land in question which was obtained through Hukumnama by father of the Petitioner without giving any notice and without paying proper compensation to the Petitioner although the fact remains that after vesting of Jamindari, compensation was paid to Girbardhari Lal Raut in Ad-interim Case No.369/K.A. 55-56..

He lastly submits that the concerned Respondent has no authority under law to transfer the land in question although the said land was owned and possessed in name of late Anokhelal Rawat father of petitioner which is evident from land possession certificate issued by Circle Officer Koderma dated 18.12.2000 (Annexure 6) and that too without compensation.

Based upon the above submissions, Petitioner prays for quashing of the impugned orders and further direction upon the Respondents to pay the compensation for land in question to the Petitioner.

6. Learned Counsel for the Respondents submits that the land in question is Gair Majurwa Khas land which belongs to the State Government and there is no order of any competent authority for the issuance of rent receipts and the Sada Hukumnama is not corroborated with any zamindari return.He further submits that there is nothing in Annexure-2 which can co-relate the documents with the land in question, inasmuch as, after perusal of the entire documents, it cannot be deciphered that the sa