BADURUDDIN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application, petitioners pray for quashing of the order dated 31.7.2000( Annexure- A) passed by Additional Collector, Garhwa ( respondent no.3) whereby he cancelled the Jamabandi of petitioners in relation to the land pertaining to khata no. 4 plot no. 101 area 8.30 acres and plot no. 93 area 0.72 acres of village Bishunpur, P.S. Garhwa, District Garhwa. Petitioners further pray for restoration of their possession by removing pillars and fencings over a portion of land in question. Petitioners further pray for issuance of an appropriate writ in the nature of mandamus commanding the respondents not to dispossess petitioners from the land in question.

(2.) It is stated that lands pertaining to khata no. 4, plot no.101 area 8.30 acres and plot no.93 area 0.72 acres of village Bishunpur, P.S.Garhwa, district Garhwa (herein after refer as land in question) originally recorded in the name of Nand Lal Sahu S/o Late Banarasi Sahu, who got 16 annas zamindari interest in the village Bishunpu district Garhwa. It is further stated that Nand Lal Sahu died leaving behind his son Basant Sahu. Said Basant Sahu also died leaving behind his two sons namely Mahesh Sahu and Ram Awatar Sahu, who inherited all the properties of their ancestors . It is stated that shares of Ram Awatar Sahu and Mahesh Sahu carved out separately as per the decree passed in Partition Suit No.17/1941. In the said partition suit, land in question came in the share of Ram Awatar Sahu. It is stated that said Ram Awatar Sahu by virtue of registered sale deed no. 1531 dated 10.5.1946 ( Annexure-1) transferred the land to Tahal Sheikh, Deni Sheikh, Triveni Sheikh and Alim Sheikh. It is stated that petitioner no.1 and 2 are sons of Deni Sheikh, petitioner no.3 is son of late Nanhak Sheikh, petitioner no. 4,5 and 6 are sons of Triveni Sheikh, whereas original petitioner no.7 (ancestor of petitioners no.7(i) to (vi) was the sons of late Tahal Sheikh. It is stated that after coming into force of Bihar Land Reforms Act, intermediaries filed their return and in the said return they stated that transferee of the land in question are in possession of the same. It is stated that at the time of bhujarat operation , transferee were found in cultivative possession of the said land, accordingly, their names recorded in the Revenue Register. Certified copy of rent roll, showing determination of rent under various provisions of Bihar Land Reforms Act 1950 has been annexed as Annexure-7 to the supplementary affidavit.

(3.) It is stated that thereafter predecessors of petitioners started paying rent to the State vide Annexure-2 series. It is further stated that petitioners ancestors made considerable improvement in the lands in question and converted it into a paddy land. It is stated that petitioners were growing different crops on the land in question and paying irrigation taxes vide Annexures-3 series. It is stated that petitioners were in continuous and peaceful possession of the land in question from the time of their ancestors. It is stated that in the year 1991 petitioners received a notice from the office of Circle Officer, Garhwa asking them to show cause as to why demand running in their names should not be cancelled. It is stated that petitioners replied to the said notice and stated that they have got perfect title over the land in question and they are continuing in possession of same. Thus, their demand cannot be cancelled. It is stated that petitioners received no information regarding said proceeding, thus, they believed that the same had been dropped. It is stated that on 24.1.2003 some government employees alongwith police constables started taking measurement of petitioners lands and they digged holes for placing pillars. It is stated that when petitioners protested to the aforesaid arbitrary and illegal action of respondents, the Revenue Authority and Police Officials assured that petitioners would not be dispossessed and the pillars will be removed after taking measurement of the lands of the vicinity. It is stated that after some time respondents started giving fencing on the pillars in question and by doing so they surrounded an area of 4.50 acres towards southern side of the land in question. It is stated that said fencing was shown by red color in the sketch map annexed with writ petition as (Annexure-5). Thereafter, present writ petition filed.