DURGA THAKUR Vs. COMMISSIONER NORTH CHHOTANAGPUR DIVISION

JUDGEMENT

(1.) THE Petitioner in the instant case has prayed for quashing the Order dated 09.11.1995 (Annexure 6) passed by the Respondent No. 1 [Commissioner North Chhotanagpur] in Revision Case No. 9/95 whereby and whereunder he set aside the Order dated 12.12.1994 passed by the Additional Collector, Hazaribagh in M.A. No. 64 of 1994 and Ordered that permanent steps be taken so that Mostt Meghni (Respondent No. 6) is not dispossessed from 0.78 Acres of land situated on Khata No. 78 appertaining to Khesra/Plot No. 1563/ 10. By passing the said Order, the Respondent No. 1 thereby upheld the Order dated 18.01.1993 passed by the Circle Officer. In the Supplementary Affidavit filed by way of amendment on 21.03.2003, the Petitioner at paragraph 4 has submitted that while considering the prayer made in the Writ Application, the Order passed by the Circle Officer on 18.01.1993 be also quashed and the order of the Additional Collector passed on 12.12.1994 be upheld.

(2.) ACCORDING to the Petitioner, 03.00 acres of land situated within Khata No. 78, Plot No. 1563 along with other lands on different plots in village Konra within Barhi P.S. in the District of Hazaribagh were recorded as "Gair Mazarua Khas" land of the ex -landlord of the village, namely, the Raja of Barsot. These lands were given in settlement to the father of the Petitioner namely Mahadeo Thakur. The said Mahadeo Thakur paid "Salami and came in possession of these lands immediately thereafter. He reclaimed the land, improved the same after spending a huge amount of money and made it cultivable. On Plot No. 1563, he constructed a "Bhandar" and on the rest of the plots, he carried on the work of cultivation. The Petitioner relies upon the "Hukumnama" granted by the ex - landlord in favour of his father vide Annexure 1.

(3.) THE Petitioner has stated that he came to learn that a "Bedakhali case No. 20/1992 -1993 had been instituted by the Anchal Akhikari, Barhi (Respondent No. 4) on the basis of a collusive "Parcha" which was issued by the "Bhoodan. Yagna Sammittee" -Incharge. By reason of the said "Parcha" an area of 0.78 acres was sought to be donated to the Respondent No. 6 out of 3.00 acres falling on Plot No. 1563 and which was a part of the land settled by the ex -landlord in favour of the father of the Petitioner. The Petitioner objected but the Circle Officer (Respondent No. 4) arbitrarily passed an Order on 18.01.1993 (Annexure 9 to the Supplementary Affidavit filed on 21.03.2003) by which he accepted the report of the Amin and closed the matter. The learned counsel for the Petitioner has stated that in fact, the Circle Officer restrained the issuance of rent receipts in the name of the father of the petitioner and instead, directed the issuance of rent receipts in favour of the Respondent No. 6. Consequently, the Petitioner filed Misc. Case No. 14 of 1991 before the Land Reforms Deputy Collector, Hazaribagh (Respondent No. 5), but by Order dated 13.09.1993, the said Respondent No. 5 rejected the Appeal of the Petitioner. Thereafter the petitioner filed a Revision before the Additional Collector, Hazaribagh which was registered as M.A. No. 64 of 1994. By Order dated 12.12.1994 (Annexure 5), the Additional Collector after perusal of all documents of settlement and also of the Revenue Records set aside the Order dated 13.09.1993 passed by the Land Reforms Deputy Collector in Misc. Case No. 14/1991.