DEBISWAR SOREN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Present writ petition has been filed under Articles 226 & 227 of the Constitution of India for issuance of an appropriate writ/order/direction for quashing and setting aside the office order dated 7.2.06 issued under memo No.66 sent by Circle Officer, Nala addressing to S.D.O. Jamtara in response to the S.D.O.'s letter No. 39/Go. dated 13.1.06 transferring the land under Mouza-Tambajore, Thana No. 18, Khata No.58, Khesra No.1111, recorded as Puratan Patit, transferring 17.65 acres of land to the Navodaya Vidyalaya Samittee for the establishment of Navodaya Vidyalaya, Jamtara. It is further prayed that appropriate order may be issued to the concerned respondents as to how and under what authority, the concerned respondent has transferred/settled the land in the name of Navodaya Vidyalaya, who is not a raiyat as defined in the Santhal Pargana Tenancy Act. It is further prayed that appropriate order may be passed declaring the land has been transferred /settled by office order dated 7.2.06 issued under memo No.66, in the name of Navodaya Vidyalaya, as null and void as the said transfer is in contravention of Section 28 of the Santhal Pargana Tenancy Act.

(2.) Brief facts, which have given rise to the present writ petition, are as under:Petitioners are the recorded jamabandi tribal raiyats of village Tambajore and the said village Tambajore is predominantly a tribal village and agriculture is the only source of income of the villagers of mouzaTambajore. According to the petitioners, when some of the raiyats came to know about the said transfer/settlement in the name of Navodaya Vidyalaya, Jamtara, some of the raiyats showed their relevant papers before the S.D.O. Jamtara, but the S.D.O. Jamtara did not consider the said papers of the raiyats and on the other hand, illegally cancelled the pattas of some raiyat, who got valid settlement from the village pradhan for which one R.M.A. Case being R.M.A. Case No. 256/05-6 and R.M.A. Case No. 258/05-06, 259/05-06 was registered. According to the petitioners, they were able to procure the certified copy of the office order dated 7.2.06, issued by Circle Officer, Nala, wherein the Circle Officer, Nala in compliance of the order of the S.D.O. Jamtara has settled the said 17.65 acres of waste land (patit land) of MouzaTambajor in the name of Navodaya Vidyalaya Samittee for establishment of Navodaya Vidyalaya, Jamtara.

(3.) Learned counsel for the petitioners submitted that under the Santhal Pargana Division, waste land (patit land) must be settled to a jambandi raiyat or to a permanent raiyat or to a permanent resident of the village, whose name is there in the record of rights and the said waste land (patit land) in Santhal Pargana Division are village community property of the village committee have joint right over the waste land (patit land) of village vide record of rights. Learned counsel for the petitioners further submitted that under Santhal Pargana Division, there are patit lands, gochar lands, raasta, samsan ghats (burning ghats) and burial grounds and all these are included in 'anabadi khata' and all the lands which are recorded in the anabadi khata are non-transferable in nature and the present land i.e. 17.65 acres of land of village Tambajore, which has been transferred to Navodaya Vidyalaya Samittee and the waste land (patit land) , as such, are the part of the anabadi khata and hence, these lands are non-transferable, according to Santhal Pargana Tenancy Act. It is further submitted that procedure of settling waste land or vacant holdings has been enumerated under Section 28 of the Santhal Pargana Tenancy (Supplementary Provisions) Act, 1949, wherein it has been enumerated that the power has been given to village headman or Murliayat to settle waste land (patit land) or vacant holding with the deserving raiyats and the village headman or Murliyat while making settlement, shall bear in mind the requirement of each raiyat, who has to make distribution fair and equitable and accumulation of village lands in fewhands in the very antethesis of the community like Santhals or the village headman or Murliyat has to see that the means of production are not concentrated in few hands and the capacity of the raiyat to reclaim and cultivate the waste land is another mitigating factor, which the settling authority will have to consider and it has also been enumerated that the situation to the waste land or vacant holdings and it is contiguity and proximity that the land of Jamabandi raiyats will be the main factor for taking into consideration and a raiyat, whose lands falls in the proximity of the waste land, shall have a preferential claim over the other persons and the present petitioners' land falls in proximity of the land that has been settled by the concerned respondent to the Navoday Vidyalaya and as such, they are aggrieved by the decision of the respondents regarding settlement of land in favour of the Navoday Vidyalaya. Learned counsel for the petitioners further submitted that in view of the provisions as contained in Section 69 of the Santhal Pargana Tenancy Act, there is a bar against the acquisition of rights over certain types of land and under Section 69 (d) of the Act, it has been enumerated that vacant holding laid down by a village headman/Murliyat or the member of the family and their landlords cannot be acquired and therefore, 17.65 acres of land , which has been transferred and settled to the Navodaya Vidyalaya by the concerned respondents, are vacant holdings, waste land (patit land) and hence, cannot be acquired and has got no right of acquisition. It is further submitted that when the petitioners came to know about the aforesaid settlement, they submitted representation to the S.D.O. Jamtara as well as Deputy Commissioner, Jamtara, wherein the petitioners have clearly stated that they are the original raiyats of the said village and without the consent of the village community (16 anna raiyat) said settlement has been made. It is further submitted that concerned villagers of MouzaTambajore had also protested against this illegal action of the concerned respondents and for which the junior engineer has given a letter to the S.D.O. Jamtara regarding the said protest of the villagers, which is evident from letter dated 12.1.06 (Annexure-3). It is submitted that neither the Deputy Commissioner, Jamtara nor the S.D.O Jamtara had paid any attention to the representation of the petitioners and hence, the petitioners have no other alternative efficacious remedy but to approach this Court by way of filing the present writ petition. It is further submitted that the petitioners are the Jamabandi raiyats of Mouza-Tambajore, are aggrieved by the said settlement as there is a provision under the Santhal Pargana Tenancy Act that the waste land can at any time be settled in the name of Jamabandi raiyats and Jamabandi raiyats have preferential right to the settlement of itfor reclamation.