NAVDEEP CHANDRA PODDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 01.08.2015 passed by the respondent no. 2-the Deputy Commissioner, Ramgarh in Mutation Revision No. 42 of 2014, order dated 14.07.2014 passed by the respondent no. 3-Land Reforms Deputy Collector, Ramgarh in Mutation Appeal No. 03 of 2014-15 and order dated 27.07.2013 passed by the respondent no. 4-the Circle Officer, Gola in Case No. 48 of 2013-14 on the application preferred by the petitioners for issuance of rent receipts in relation to the land pertaining to plot no. 79, khata no. 217 measuring an area of 1.47 acres situated in Mouza-Gola No. 26, P.S. Gola, District-Ramgarh (hereinafter to be called as "the said land"?), which has been rejected on the ground that the land in question is recorded as "Gairmajarua Khas' and Jamabandi was not opened in the name of vendors in Register-II of the circle office, Gola. Further prayer has been made for issuance of direction upon the respondents to regularize the rent receipts of the said land in favour of the petitioners.

(2.) The factual background of the case as stated in the writ petition is that the ex-landlord namely Bakshi Loknath Das and other co-sharers made raiyati settlement of the said land in favour of the ancestors of the petitioners by way of the registered settlement deed no. 839 dated 27.08.1930. After the said settlement, the settlee were put in khas possession of the said land. Even after vesting of Jamindari, the State government never claimed any proprietary right over the said land. The petitioners filed application before the respondent no. 4 on 09.07.2013 requesting inter alia to accept the rent of the said land which was registered as Mutation Case No. 48 of 2013-14. Though the report was submitted by the Circle Inspector and the Halka Karmchari showing possession of the petitioners over the said land, yet the respondent no. 4 rejected the petitioners' application vide order dated 27.07.2013. The petitioners thereafter preferred appeal before the respondent no. 3 which was registered as Mutation Appeal No. 03 of 2014-15, however the same was dismissed vide order dated 14.07.2014. The petitioners then preferred revision before the respondent no. 2 which was registered as Mutation Revision No. 42 of 2014, however the said revision was also dismissed by the respondent no. 2 vide order dated 01.08.2015 primarily on the ground that the land in question was recorded as 'Gairmajarua Khas' in survey Khatian and the Jamabandi thereof was not opened in the name of the vendors of the land.

(3.) Learned Senior Counsel for the petitioners submits that the ex-landlords were competent to make raiyati settlement of 'Gairmajarua' land in favour of the raiyats. The petitioners/their ancestors were in possession of the said land even after vesting of Zamnidari. The ex-landlords were duty bound to file the return in Form-M showing the petitioners/their predecessors as raiyats over the said land. The petitioners being poor illiterate persons could neither pay the rents to the State Government nor could get their names entered in the revenue records of Gola circle at the time of vesting. Nonetheless, the petitioners are in possession of the said land for more than 30 years and have thus claimed the right and title on the ground of adverse possession and the same is not subjected to any challenge by the State. The petitioners/their predecessors were raiyats pursuant to the raiyati settlement vide registered deed executed in the year 1930. The respondent authorities, without initiating any proceeding for cancellation of raiyati settlement arising out of the said registered deed, cannot be allowed to question the raiyati status of the petitioners even after vesting of Zamindari in 1956 merely because the ex-Zamindar did not file any return showing the petitioners as the raiyats pursuant to the execution of the settlement deed. The petitioners have obtained a valid settlement by the registered deed and as such they cannot be deprived of paying rent to the State Government for the said land. The possession of the petitioners/their predecessors over the said land in pursuance of execution of the registered settlement deed has not been questioned by the circle officer or any other field officer.