KRISHNA PADA MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing order dtd. 10/4/2019 (Annexure-7 to the writ petition) passed by the Deputy Commissioner, East Singhbhum, Jamshedpur (the respondent no. 4) in Jamabandi Cancellation Proceeding No. 02 of 2017-18 in purported exercise of power conferred under Sec. 4(h) of the Bihar (now Jharkhand) Land Reforms Act, 1950 (in short, "the Act, 1950") whereby Jamabandi of the land appertaining to R.S Khata No. 383, Plot Nos. 1642, 1643, 1644, 327, 376, 378, 510, 1326, Village Dighi, P.S.- Patamda, District East Singhbhum measuring total area of 14.10. acres running in the name of petitioner's father and other co-sharers, has been cancelled.

(2.) During pendency of the present writ petition, an interlocutory application being I. A No. 6769 of 2019 was filed by the applicants, namely, Khagendra Nath Mahato, Satish Mahato, Bibhuti Bhushan Mahato and Rajendra Mahato seeking impleadment as petitioners in the present writ petition claiming themselves to be the successors of co-sharers of the petitioner. However, vide order dtd. 8/2/2022, the said application was dismissed by this Court on the ground that interveners could not be given status of petitioners so as to get any relief in the writ petition, however they were given liberty to file fresh writ petition, if so advised.

(3.) Learned counsel for the petitioner submits that the tanks namely 'Talpukur', 'Nutan Bandh' and 'Bara Bandh' with their embankments along with other cultivable land were settled in the name of petitioner's father and other co-sharers. The 'Talpukur' tank with its embankment and other adjoining land were recorded under C.S Plot Nos. 568 (tank), 567, 574 and 575 corresponding to R.S Plot No. 1642, 1643 and 1644. The 'Nutan Bandh' tank with its embankment was recorded under C.S Plot Nos. 899, 22 corresponding to R.S Plot Nos. 327, 328 and 326 and the 'Bara Bandh' tank with its embankment was recorded under C.S Plot Nos. 361, 362 corresponding to R.S Plot Nos. 1326 and 510 along with other cultivable land situated at Mouza - Dighi, P.S - Patamda, District Singhbhum. The aforesaid tanks with their embankments and other adjoining agricultural land were settled with the father of the petitioner and other co-sharers on payment of salami of Rs.200.00 each and annual rent of Rs.8.00 in the year 1929 by the tenure holder of Mouza Dighi and they remained in peaceful possession over the same. In 1948, five registered 'Kabuliats' were executed by the tenure holder of the said mouza and thereafter, the rent was being regularly paid to the said tenure holder till vesting. During the last survey settlement published in the year 1964, the said tanks and embankments were wrongly recorded in the Khata of Bihar Sarkar. In the year 1974 the settlees came to know that the government was trying to settle the said tanks to some other persons and then they filed T.S. No. 289/1975, T.S No. 290/1975, T.S No. 291/1975, T.S No. 292/1975 and T.S No. 293 of 1975 for declaration of title and confirmation of possession of their respective shares over the land in question. The said Title Suits were decreed in their favour vide a common judgment dtd. 31/8/1989 by the Court of Sub-ordinate Judge- IV, Jamshedpur. Pursuant to the judgment and decree of the court below, the settlees preferred applications for mutation which were allowed by the respondent no. 6 vide order dtd. 14/2/1991 and correction slips were accordingly issued. Thereafter, they were regularly paying the rent. A Jamabandi Cancellation Proceeding being Record No. 23 of 2016-17 was initiated by the Circle Officer, Patamda (the respondent no.6) under Sec. 4(h) of the Act, 1950 on the basis of the report of the Halka Karamchari and the Circle Inspector of Patamda Anchal mentioning that the jamabandi of the land in question created in the name of petitioner's father and other co-sharers appeared doubtful. Thereafter, notices were issued to the settlees who in response to the same, produced all the documents related to their titles over their respective land including the judgment and decree passed by the court below in aforesaid Title Suits as well as the order passed by the respondent no. 6 fixing the rent and opening the jamabandi in the name of the petitioner's father and other co-sharers. However, all the documents produced before the respondent no.6 were ignored and vide order dtd. 23/9/2016, the record was sent to the Land Reforms Deputy Collector, Dhalbhum, Jamshedpur for obtaining approval of the competent authority recommending that Jamabandi created over the land in question was doubtful. Ultimately the records were put up before the respondent no.4 registering Jamabandi Cancellation Proceeding No. 02 of 2017-18 in which notices were issued to the concerned raiyats including the petitioner's father who submitted all the documents showing the title over the said land, however the respondent no.4, vide order 10/4/2019, cancelled the Jamabandi running in the name of the petitioner's father and other co- sharers over the land in question.