FAIJUDDIN SHEIKH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THE petitioners, by way of filing this petition under Article 227 of the Constitution of India, have prayed for quashing and setting aside the notice dated 20.9.11 issued under the signature of the Circle Officer Udhwa Block Sahibganj to the petitioner in Revenue Mis. Case No. 2/2011-12, whereby the petitioners have been called upon to appear before him with documents of the land. It has also been prayed that a direction may be given to the respondents not to disturb the possession over the land of the petitioners.

(3.) 5.68. Copy of the sale deed is annexed with Annexure-1 to this petition. It is the further case of the petitioners that the aforesaid five persons also purchased the land admeasuring 2 Khathas 15 ¾ dhurs under Khera No. 2973 situated at Mauza Sarfrajganj P.S. - Raj Mahal Revenue Thana No. 175 District Sahibganj from Upin Ravidas son of late Kutru Ravidas by virtue of deed of sale dated 25.5.1969. Copy of the sale deed is annexed vide Annexure-2 to this petition. According to the petitioners that after purchasing of the said land, the petitioners got the aforesaid land mutated in their names in the office of the Circle Officer, Rajmahal Anchal, Sahibganj vide mutation Case No. 536/1978-79 and finally the names of petitioners entered in Register-II of the land Register. Further according to the petitioners, they have paid the land revenue of the aforesaid land in the office of the Circle Officer Udhwa up to the financial year 2011-12 vide the land Revenue Receipt No. 1987303 dated 12.6.2011. However, the respondent authorities vide the impugned notice dated 20.9.12 called upon the petitioners to appear before the Circle Officer with documents in relation to the aforesaid land, which is not permissible in law and, therefore, the petitioners have approached this court for quashing of the said notice. 4. Learned counsel for the respondents submitted that the petitioners have challenged the notice/letter issued by the Circle Officer, whereby the petitioners have been called upon to produce certain documents and therefore, this petition is premature as the petitioners have ample opportunity to appear before the Circle Officer and satisfy the contents of the notice .