JHARKHAND STATE HOUSING BOARD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner Jharkhand State Housing Board while claiming the ownership over the disputed lands on the ground that after the land was acquired by the Bihar State Housing Board, the same was transferred in favour of the Jharkhand State Housing Board after the creation of State of Jharkhand, have prayed for a direction to the respondent State authorities to give due protection to the petitioner Housing Board against the attempted encroachments of the disputed lands by the Respondent No. 5.

(3.) From the counter affidavit of the Respondent No. 5 it appears that a definite stand has been taken by the Respondent No. 5 asserting that he is the grandson of the recorded Raiyat and the lands have been coming in his peaceful possession and occupation ever since the time of his ancestors and the lands have been mutated in the revenue records in his name and he has been continuously paying rent to the Government. The Respondent No. 5 has relied upon the revenue records as also the rent receipts in support of his claim of possession over the lands.