SONA LAL KISKU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE grievance of the petitioner is that the respondents have been raising buildings on the land of Plot no.2302 of Mouja-Kathaun, Poraiyahat Block, Distict- Godda, which was settled in favour of the petitioner's grand father long back.

(2.) IT has been stated that since after settlement, the petitioner has been in possession of the land and has been paying rent regularly. The respondents without any legal acquisition of the land, forcibly started construction of the building over the land. The petitioner protested, but the same was not heeded upon. It has been submitted that the petitioner be either given due compensation or the respondents be directed to demolish the construction.

(3.) ON perusal of the statement made in the counter affidavit, I find that even the respondents have accepted that the land was allotted to the petitioner's predecessors and that the petitioner has been paying rent in respect of the land till date. At the same time, the respondents have claimed that the petitioner has not been in possession of the land since long and, as such, he is not entitled to get any compensation. The stand of the respondents is contradictory. At least they have accepted that there was valid allotment of land in favour of petitioner's predecessors and the petitioner has been paying rent in respect of the land up-to- date and the rent has been accepted by the concerned respondent. Since the petitioner has been recognized as a tenant in respect of the land by accepting rent from him, the respondents cannot dispute or deny his tenancy right over the land in question. The tenancy right can be denied only after getting decree/order of the court of competent jurisdiction. No such decree or order has been obtained by the respondents against the petitioner.