JETMULL BHOJRAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been preferred by petitioner M/s. Jetmull Bhojraj, a partnership firm, for issuance of an appropriate writ/order/direction in the nature of mandamus, commanding upon the respondents to forthwith enter the name of the petitioner -firm in the Jamabandi records of right by opening demand and also showing the Government of Sikkim as mortgages in possession over the land in question.

(2.) THE case of the petitioner is that in the year, 1944 -46 it was notified by Raja of Tilaiya and Raja Kasmi in the Chhotanagpur area to assist in the development of the region. The petitioner -firm took raiyati settlement of about 3500 Acres of land in Village -Tilaiya and Debipur within Koderma Police Station in the district of Hazarlbagh (now Koderma), under different registered Pattas with an intention to establish a modern mechanised agricultural farm after acquiring forest. With the object aforesaid, the petitioner -firm built quarters, shades for labourers, roads, culverts, projects, and excavated tanks and water reservers in pursuance of programme started by Government of India after independence known as Grow More Food for Nation. The petitioner -firm approached the Chogyal of Sikkim for fund for which the petitioner mortgaged the lands at Tilaiya as security creating Hen in favour of the Government of Sikkim including the right of possession.

(3.) A writ petition bearing CWJC No. 435 of 1966 was preferred by the petitioner along with another challenging the notification dated 12th August, 1966 issued under Section 48(1) of the Act regarding partial withdrawal from the acquisition. It was dismissed by the Patna High Court vide its judgment dated 14th October, 1966 holding, infer alia, that on the materials produced before the Court, it was unable to find that the Govt. had taken possession of the land in question Jethmull Bhojraj v. State of Bihar, AIR 1967 Pat. 287.