The civil court lacks jurisdiction to determine land classification as chhaperbandi without executive authorization, reaffirming the principle that only designated authorities can declare changes in land use.

JUDGMENT :

SANJAY PRASAD, J.

1. The present appeal has been filed on behalf of the appellant-Hotel Birsa Pvt. Ltd. through its Director-Prem Rajesh Soy by challenging the judgment dated 26.02.2018 and decree dated 05.03.2018, passed by Shri Niraj Kumar Vishwakarma, then learned Civil Judge (Sr. Division) No. I, by which the Original Suit No. 519 of 2010 has been dismissed.

2. The plaintiff-appellant has filed Original Suit No. 519 of 2010 for grant of the following relief/reliefs.

(i) On adjudication a decree be passed that suit property belonging to plaintiff having chhaperbandi right and plaintiff being a lawful owner is entitled to get receipt of chhaperbandi lagan from State.

(ii) Cost of suit be awarded to Plaintiff.

(iii) Any other relief or reliefs which Your Honour may deem fit and proper be awarded to the plaintiff.

3. The case of the plaintiff, in brief, is as follows:-

(i) The R.S. Plot No. 1361, 1348, 1341 under Khata No.57 and 1336 and 1340 under Khata No. 59 and 174 respectively measuring an area 2.15 acres and the building standing thereon, situated at village- Hinoo, P.S. Doranda, Thana no. 225, District Ranchi is the subject matter of the instant suit, herein after referred to as suit property for the sake of brevity.

(ii) That the Plaintiff is seized and possessed or otherwise sufficiently entitled to the land and building, having chhaperbandi right, aforesaid and also described in schedule below with absolute right, title and interest.

(iii) That as a matter of fact the Director of M/S Hotel Birsa Pvt. Ltd is the member of schedule tribe. The land having chhaperbandi right has been acquired by the Company in the manner as set out in succeeding paragraphs.

(iv) That a piece & parcel of land appertaining to R.S. plot nos. 1336 & 1361 measuring an area 42 decimal and 6 decimal respectively under Khata no. 57 situated at village- Hinoo, P.S. Doranda, Thana no. 225 was purchased by Mrs. Sandhya Kujur, sister of the Director of company vide a registered deed of sale being no. 8554 particulars of which have been duly entered in Book no. 1, page nos. 264 to 276 in the office of District Sub-Registrar, Ranchi.

(v) That likewise a piece & parcel of land appertaining to R.S. plot no. 1361 measuring an area 48 decimal under Khata no. 57 situated at village- Hinoo, P.S. Doranda, Thana no. 225 was purchased by Mrs. Usha Kachhap, sister of the Director of company vide a registered deed of sale dated 06.10.1982 particulars of which have been duly entered in Book no. 1, Page Nos. 133 to 179 in the office of District Sub-Registrar, Ranchi.

(vi) That in the same manner the Director of company namely, Prem Rajesh Soy also purchased a piece & parcel of land appertaining to R.S. plot no. 1361 measuring an area 48 decimal under Khata no. 57 situated at village- Hinoo, P.S. Doranda, Thana no. 225 vide a registered deed of sale, being no. 8555 particulars of which have been duly entered in Book no. 1, page nos. 277 to 289 in the office of District Sub-Registrar, Ranchi.

(vii) That the father of Prem Rajesh Soy had also purchased a piece & parcel of land appertaining to R.S. plot nos. 1348 & 1361 measuring an area 6 decimal and 42 decimal respectively under khata no. 57 situated at village- Hinoo, P.S. Doranda, Thana no. 225 vide a registered deed of sale being no. 8556 particulars of which have been duly entered in Book no. 1, page nos. 323 to 334 in the office of District Sub-Registrar, Ranchi.

(viii) That all the purchasers, named above, were having their respective lands contagious and adjacent forming one block of land.

(ix) That all the purchasers had decided to commence a business of Hotel, Motel and Re