IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1642 of 2011

1(i) Panwa Devi, aged about 70 years, wife of Late Mithu Sao

1(ii) Dhaneshwar Sao, aged about 47 years

1(iii) Ashok Sao, aged about 39 years

1(iv) Lalji Sao, aged about 45 years

1(v) Guna Devi, aged about 43 years

1(vi) Kanchan Devi, aged about 41 years All sons and daughter of Late Mithu Sao, resident of Village-Pakarkar, P.O. and P.S.-

Katkamsandi, District-Hazaaribagh.

2. Ruplal Sao, son of Late Barhan Teli, resident of Village-Pakarkar, P.O. and P.S.-Katkamsandi, District-Hazaaribagh.

..... … Petitioners Versus

1. The State of Jharkhand, through Deputy Commissioner, Hazaribagh.

2(i) Raj Kumar Singh 2(ii) Satyendra Singh 2(iii) Chanchala Devi

2(iv) Sunita Devi

2(v) Nitu Devi All sons and daughter of Late Loknath Singh and Residents of Village Sadanpur, PO-

Sultana, PS-Katkamdag, District- Hazaribagh.

3. Dashrath Singh, son of Prayag Singh

4(i) Ayodhya Singh 4(ii) Aabadh Singh

4(iii) Dilip Singh 4(iv) Vidya Singh All sons of Late Surendra Singh

4(v) Babloo Singh, S/o of Late Raj Kumar Singh, grand son of Late Surendra Singh All are the residents of Village Sadanpur, PO- Sultana, PS-Katkamdag, District-

Hazaribagh.

5. Dharma Raj Singh, son of Late Jagdish Singh

6(i) Gaya Prasad Singh, Son of Late Kedar Singh

6(ii) Binod Singh, Son of Late Kedar Singh Both resident of village-Paprar, P.S.-

Satgama, P.S.-Katkamdag, District-Hazaribagh.

6(iii) Shanti Devi, daughter of Late Kedar Singh, W/o Mithilesh Singh, resident of Village-Ambajit, P.S. and P.s.-Barkagaon, District-Hazaribagh.

7. Basant Singh, Son of Late Tulsi Singh

8. Gajendra Prasad Singh

9. Sagar Singh, Both sons of Late Ram Dular Singh

10. Ashok Singh, son of Late Kamakshya Singh

11(i) Ramesh Singh 11(ii) Ganesh Singh

11(iii) Gita Devi All sons and daughter of Late Nand Kishore Singh, residents of Village Sadanpur, PO- Sultana, PS-Katkamdag, District- Hazaribagh.

12(i) Viaksh Singh

12(ii) Mahesh Singh 12(iii) Most. Manju

12(iv) Rina Devi All sons and daughters of Late Lalchan Singh, residents of Village Sadanpur, PO- Sultana, PS-

Katkamdag, District- Hazaribagh.

..... … Respondents --------

CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------

For the Petitioner : Mr. R.N. Sahay, Sr. Advocate.

: Mr. Sudhir Kumar Mahto, Advocate.

For the State : Mr. M.K. Ekka, A.C. to S.C.-I.

For the Resp. Nos. 2 to 13 : Mr. Ayush Aditya, Advocate.

------

29/ 13.06.2025 Heard Mr. R.N. Sahay, learned senior counsel appearing for the petitioners, Mr. M.K. Ekka, learned A.C. to S.C.-I appearing for the State and Mr. Ayush Aditya, learned counsel appearing for the respondent Nos. 2 to 13 as well as the legal heirs of respondent Nos. 2, 4, 11 and 12.

2. This petition has been filed under Article 226 of the Constitution of India for quashing of the order dated 23.02.2010, passed in Revenue Appeal No. 07 of 2008 [Loknath Singh & Ors. Versus Mithu Sao & Anr.], whereby the Deputy Commissioner, Hazaribag has been pleased to set aside the order of the DCLR, Hazaribagh in Misc. Revenue Case No. 14 of 2007-08 dated 13.03.2008 between the same parties.

3. Mr. R.N. Sahay, learned senior counsel appearing for the petitioners submits that the father of the petitioners namely Barhan Teli reclaimed lands of 10 acres, in Plot No. 1221 in Khata No. 40 and 5 acres in Plot No. 1354 under Khata No. 185 of village Pakrar, P.S.- Katkamsandi, District-Hazaribagh with permission of the Ex-landlord of village namely Sadhu Singh. He submits that the land was measured by the Amin of the Ex-landlord and being satisfied, the said landlord settled the aforesaid land under a registered Patta bearing Deed No. 4059 dated 27.10.1945 and put the said Barhan Teli in physical possession of the same. He further submits that the character of the lands of Khata Nos. 40 and 185 of village-Pakrar, P.S.-Katkamsandi, District-Hazaribagh were recorded as Gair-majarua-khas of the Malik i.e. of the Zamindar in the cadastral survey and was fit for reclamation and settlement by the ex-landlord of village-Pakrar, Haz