IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Writ Jurisdiction)

W.P.(C) No. 1495 of 2011

….....

Munmun Prasad & Others

…. ..... Petitioners

Versus

The State of Jharkhand & Others

….

..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO

….........

For the Petitioners : Mr. Birendra Kumar, Advocate

For the Respondent / State : Mr. Ashok Kumar Yadav, G.A.-I

For the Respondent Nos.4 to 6 : Mr. Pradip Modi, Sr. Advocate.

Mr. Gautam Rakesh, Advocate.

........

13/07.12.2021.

Heard, learned counsel for the petitioners, Mr. Birendra Kumar,

learned counsel for the State, Mr. Ashok Kumar Yadav, G.A.-I and learned

senior counsel for the Railway / Respondent Nos.4 to 6, Mr. Pradip Modi

assisted by learned counsel Mr. Gautam Rakesh.

Learned counsel for the petitioners has submitted that father of the

present petitioners namely Ramdeo Prasad has filed writ petition in the

year 2011 with a prayer not to evict them from land of Khata No.165, Plot

No.4044 area-55 decimals as well as Khata No.268, Plot No.4043 area-63

decimals under Mouza – Argora, P.S.- Argora, District – Ranchi, as name

of his father namely Ram Gobind Prasad Rawani was running in the

Register-II, though in the record of rights, the land has been recorded as

Plot No.4044 in the name of Mandra Oraon and Plot No.4043 in the name

of Gair Majurwa Malik Land.

Learned counsel for the petitioners has further submitted that the

land belongs to him as the name is running in Register-II.

Learned counsel for the petitioners has further submitted that

without initiating any proceeding under the Land Acquisition Act, the land

of the petitioners have been encroached by the respondents, without

payment of compensation to the petitioners or his father i.e. original writ

petition and without following the procedure as envisaged under the Land

Acquisition Act, particularly Section 4 of the Land Acquisition Act.

This Court asked, learned counsel for the petitioners, Mr. Birendra

Kumar, whether a title can accrue on the basis of entry made in Register-

II. He has specifically said before the Bar, No, as the same only shows

possession. This possession may be legal or may be illegal.

-2-

This Court again asked learned counsel for the petitioners, whether

you are descendant of the recorded tenant of Plot No.4043, recorded in the

name of Mandra Oraon and Plot No.4044 is recorded as Gair Majurwa

Malik Land. He specifically said that petitioners are not the legal heirs of

the recorded tenant.

Learned counsel for the petitioners has further submitted that the

claim of the petitioners with regard to Plot No.4043 is on the basis of patta

i.e. settlement made by sada Hukumnama by the intermediary before

vesting of the State.

Learned counsel for the petitioners has referred several orders

passed by this Court in this case and has submitted that the land belongs to

the petitioners and compensation has not been paid, as the proceeding has

not been initiated in accordance with law till 2021 rather during pendency

of the writ petition in the year 2021 the Railway has served the notice

under the Public Premises (Eviction of Unauthorised Occupants) Act,

1971 for the possession of the land.

Learned counsel for the petitioners has thus submitted, that

petitioners have been debarred from the compensation and the long

standing possession of the petitioners cannot be taken away in such

manner.

Learned counsel for the petitioners has further submitted that the

Circle Officer, Ranchi (Town) vide Memo No.5(ii) dated 24.01.2012 has

mentioned, that land has been recorded in the name of Ram Gobind Prasad

Rawani, Son of Ram Charitra Rawani in the Register-II with regard to Plot

No.4044 area-55 decimals of Khata No.165.

So far land of Plot No.4043 area 63 decimals of Khata No.268 is

concerned, the same has been recorded in the Register -II, Volume-3/412

as Gair Majurwa M