TORRENT INDUSTRY PVT. LTD. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ petition, under Article 226 of the Constitution of India, has been filed for following reliefs:

(2.) The brief facts of the case, as per the pleadings made in the writ petition, is that the land forming the subject matter of the instant writ petition, situated at Khata No. 113/158, R.S. Plot No. 754, Area 73 decimal, Village Kathalgonda, Thana No. 201, Holding No. 153/D, Ward No. 18, was owned and possessed by Vidya Nath Singh Deo and Pushpendra Nath Singh Deo through their predecessor-in-interest. The case of the petitioner is that the vendors offered to sell the land in question to the petitioner and accordingly upon payment of total consideration amount of Rs.1,15,00,000.00 (One Crore Fifteen Lacs) a deed of absolute conveyance was made on 14/9/2012, which was subsequently registered. After execution of the aforesaid sale deed, the petitioner applied for mutation in respect of the tenancy before the Circle Officer, Town Circle, Ranchi, which was registered as Mutation Case No. 2916-R-27/2012-13 and after conducting due enquiry correction slip was issued in the name of petitioner on 20/10/2012 and thereafter rent receipts were also issued in favour of petitioner. It has further been stated that respondent no. 5=Jitendra Kumar Singh, by way of undated letter, requested before the Deputy Commissioner (Land Reforms), Ranchi for cancellation of Jamabandi created in favour of petitioner on the ground that the land in question is in possession of S.S. Memorial College and petitioner is not in possession thereof. Further, one Monu Singh, by undated letter, addressed to the Circle Officer, Ranchi made similar complaint, which was enquired into by the Circle Inspector and Revenue Officer and submitted its report to the Circle Officer. The Circle Officer vide letter no. 3253 dtd. 8/12/2012 sent the report to the Deputy Commissioner (Land Reforms) making recommendation for cancellation of Jamabandi created in favour of petitioner by Mutation Case No. 2916-R-27/2012-13. On the basis of letter of respondent no. 5-Jitendra Kumar Singh and report of Circle Officer dtd. 8/12/2012, the Deputy Commissioner (Land Reforms), Ranchi instituted an appeal, which was registered as Mutation Appeal No. 84-R-15/2012-13 and admitted on 10/12/2012 and ordered that Jamabandi created by Mutation Case No. 2916-R-27/2012-13 shall remain stayed. Aggrieved thereof, the petitioner has approached this Court invoking writ jurisdiction of this Court conferred under Article 226 of the Constitution of India.

(3.) Mr. Indrajit Sinha, being assisted by Mr. Vipul Poddar, learned counsel for the petitioner has submitted that the learned Deputy Commissioner (Land Reforms) entertained the letter written by respondent no. 5-Jitendra Kumar Singh who is admittedly a third party and has no relation with the mutation proceeding initiated before the Circle Officer in Mutation Case No. 2916-R-27/2012-13. Further the Bihar Tenant Holdings (Maintenance of Records) Act, 1973 does not contain any provision conferring power upon the original, appellate or the revisioinal authority to accept the application submitted by the third party, hence, the appellate authority has committed gross illegality in entertaining the appeal on the basis of letter written by the third party (respondent no. 5 herein) which is nothing but contrary to the statutory provision and hence the appeal is without jurisdiction and the order passed by the appellate authority is not sustainable in law.