RAKESH KUMAR TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has approached this Court with a prayer for quashing the order dtd. 7/2/2007, passed by the Additional Collector, Ranchi in Misc. Case No. 01 of 1982-1983/ Case No. 8 of 2006-2007, by which the learned Additional Collector without giving proper opportunity to the petitioner cancelled the settlement in violation of letter no. 1043 dtd. 24/10/1986 issued by the Under Secretary, Land Reforms and Revenue Department to the Deputy Commissioner, Ranchi. Petitioner has further prayed for quashing the order dtd. 30/8/2010 , passed by the Circle Officer, Kanke in Mutation Case No. 1446R27/2009-10, by which the Circle Officer, Kanke was pleased to reject the application for Mutation filed by the petitioner for mutation of Plot No. 746, Khata No. 129, area 1.50 acres in his name.

(3.) The facts of the case in short is that land in question appertaining to Khata No. 129, Plot No. 746, total area 4.90 acres situated in the village Pirra, Kanke Anchal, District Ranchi was Gairmajurua land of ex-landlord which was settled by him to one Shri Brajkishore Dubey through sada Hukumnama dtd. 26/5/1943 and thereafter, said Brajkishore Dubey came into peaceful possession of the land and continued to pay rent to the ex-landlord. Thereafter, Brajkishore Dubey transferred one acres fifty decimals of land out of area 4.90 acres appertaining to Khata No. 129, Plot No. 746 of village Pirra, KankeAnchal, District Ranchi to the petitioner through registered sale deed no. 112 dtd. 31/12/1985. In the year 1986, a letter no. 1053 dtd. 24/10/1986 was issued by the Under Secretary, Land Reforms and Revenue Department, Govt. of Bihar addressed to the Deputy Commissioner, Ranchi by which the Under Secretary, issued direction to the Deputy Commissioner that the settlement of the aforesaid land cannot be cancelled and there is no requirement of initiation of the proceeding under Sec. 4(H) of the Bihar Land Reforms Act on the following ground: