AMBIKA DEVI Vs. STATE

JUDGEMENT

(1.) By this writ application, the petitioner prays for quashing of Annexure-13 which is an order passed by the Deputy Commissioner, Dhanbad, dated 19-10-1981 in Misc. Case No. 21 of 1980, whereby the Jamabandi in favour of the petitioner was cancelled and she was declared to be an encroacher on public land. Though it is not necessary to go into the factual details, it is necessary to state a few relevant facts to appreciate the grievance of the petitioner.

(2.) The case of the petitioner is that in the last survey, plot No. 202 appertaining to khata no. 136 having an area 1.60 acres situate in mouza Hirapur in the District of Dhanbad was recorded in favour of Masonic Temple/Lodge. According to the petitioner, a portion of the said plot was allotted to Sk. Hussain, an employee of the said Masonic Lodge/Temple. The aforesaid property belonged to Jharia Raj which, in the year, 1935, had executed a deed in favour of Masonic Lodge/Temple. The said Jharia Raj vested in the State of Bihar under the provisions of the Bihar Land Reforms Act, 1951, but the land in question remained with the Masonic Lodge/Temple, and a portion of it continued to be in possession of Sk. Hussain who continued to pay rent, taxes etc. to the Dhanbad Municipality. Sk. Hussain also raised structures over a portion of Plot No. 202. According to the petitioner, the municipal records would show that Sk. Hussain was in occupation of the structures which had a municipal holding number and, was paying rent, taxes etc. to the Municipality. The petitioner claims that she purchased that land in question together with the structures thereon by a registered deed of sale dated 10-1-1963 and amalgamated the said plot/structure with her adjacent land. The further case of the petitioner is that she applied for mutation in respect of plot no. 202 measuring 4 kathas which she had purchased from Sk. Hussain. This application was made in October, 1974 and in spite of the objections raised by Masonic Temple/Lodge, the mutation was recommended in favour of the petitioner by the Deputy Collector, Land Reforms. Ultimately, by order dated 27-8-1976, the Deputy Commissioner, Dhandbad, directed that the rent may be accepted from the petitioner and accordingly, a Jamabandi was opened in her name.

(3.) The grievance of the petitioner is that the Circle Officer, Dhanbad, by his communication dated 11th February, 1980, informed the petitioner that Jamabandi in her name had been cancelled as per Additional Collector's letter dated 5-11-1979. The petitioner on coming to know of this, made an application to the Deputy Commissioner for review of his order, but the same was rejected by the Deputy Commissioner by his order dated 16-10-1980. The Deputy Commissioner further directed that the encroachment be removed immediately. In these circumstances, the petitioner approached this Court by filing a writ application being C.W.J.C. No. 679 of 1980(R). That writ application was allowed by this Court by order dated 23rd March, 1981, on the ground that the cancellation of Jamabandi was done without notice to the petitioner and without giving her an opportunity of being heard in the matter. The order was, therefore, quashed, but it was left open to the Deputy Commissioner to pass a fresh order after giving notice to the petitioner.