MAHENDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India, wherein, the order dtd. 24/5/2013 passed in Jamabandi Cancellation Case No.87/2011-12, whereby and whereunder, the Jamabandi created in the name of the grandfather of the petitioner (Mahendra Singh) has been cancelled.

(2.) The brief facts of the case, as per the pleading made in the petition, are required to be enumerated, which reads as under:- It is the case of the petitioners that late Babulal Singh, the grandfather of the petitioner no.1, was recorded owner of the raiyati land situated at Mouza Bowakala, Mouza No.228, Khata No.41, Plot Nos.924 and 926 to 940 and the name was recorded in C.S. record of right duly maintained and kept in the records of the competent authority of the State. In course of enjoyment of the aforesaid land, Late Babulal Singh got settlement of a piece of land in the said village within Mouza no.228, Khata No.118, Plot No.950, measuring an area of 3 acres recorded as Gairabad Malik which is adjoining to the aforesaid raiyati land. It is the further case of the petitioners that the settlement was made by virtue of unregistered patta no.39, dtd. 6/10/1936 executed and conveyed by landlord of Jharia Raj Estate and Raja Shiva Prasad Singh on the payment of one time salami of Rs.91.00. After the aforesaid settlement in favour of Mr. Babulal Singh, the said land was converted as paddy land and amalgamated with his raiyati land for cultivation. Late Babulal Singh got mutated his name in the Circle Office, Baghmara, Dhanbad, wherein, Jamabandi No.245 was opened by way of accepting rent and against such acceptance, rent receipt was issued in favour of Late Babulal Singh.

(3.) Mr. Vipul Poddar, learned counsel appearing for the petitioners has taken the following ground in assailing the impugned order dtd. 24/5/2013:-