KRISHNA LAL RUNGTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of writ of mandamus directing the State respondents to make an enquiry with respect to the documents of the land appertaining to Plot Nos. 641 to 645 and Plot No. 1231 of Khata No. 58, Mouza- Chirkunda, measuring an area of 82 decimals as well as to make spot verification of the said land by competent authority on which the private respondents have been claiming their possession. Further prayer has been made for directing the concerned authorities to constitute a committee to make an enquiry with respect to fake and forged jamabandi created in favour of the private respondents and if on enquiry, the documents relied by the private respondents are found to be forged and fabricated, direction may be issued to delete/remove the name of Gopal Chandra Dutta (ancestor of the private respondents) from the revenue records.

(2.) Mr. Vineet Prakash, AC to SC-IV appearing on behalf of the respondent nos. 1 to 5, raises a preliminary objection with regard to maintainability of the writ petition on the ground of pendency of Revision Case No. 13/2018, filed by Karta of the petitioner's family with respect to the land in question before the respondent no. 3 - the Deputy Commissioner, Dhanbad. Moreover, a title suit being Original Suit No. 200/2017 filed by the petitioner against the respondent no. 6 and others seeking declaration of right, title and interest over the property in question and confirmation of possession over the same is also pending.

(3.) This Court finds justification in the submission of learned counsel for the State respondents as the petitioner himself has stated in different paragraphs of the writ petition that the respondent no. 5 - the Circle Officer, Nirsa has rejected the mutation application filed on behalf of the Karta of the petitioner's family on 10/6/2016. Aggrieved with the said order, the Karta of the petitioner's family filed Mutation Appeal No. 15/2017-18 in the court of the respondent no. 4 - the Deputy Collector, Land Reforms, Dhanbad. The said appeal was, however, dismissed vide order dtd. 20/7/2018. Aggrieved with the said order of the respondent no. 4, the Karta of the petitioner's family filed Revision Case No. 13/2018 in the court of the respondent no. 3, which is still pending. Further, title suit being Original Suit No. 200/2017 has been filed by the petitioner before the Civil Judge (Sr. Division)-II, Dhanbad on 11/5/2017 against the respondent no. 6 and others for declaration of right, title and interest over the property in question and for confirmation of possession over the same. It would thus be evident from the aforesaid fact that the petitioner as well as the Karta of his family have already taken available recourses under law with respect to the land in question.