MANISH KUMAR KAPSIME Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petitioners by way of filing this petition under Article 226 of the Constitution of India have prayed for issuance of appropriate writ/order/direction upon the respondents to mutate the name of the petitioners by opening a Zamabandi in relation to plot no.2968,Khata No. 6 Area 34 -1/3 plot nos. 2961 and 2962, Khata no. 50 Area 1.40 Acres, total 1.74 -1/3 acres of the lands appertaining to Mouza Barki Dhamrai of Anchal Jai Nagar(now Chandwara)District Koderma as the petitioners have purchased the land by registered deed of sale from the respective raiyat and are in possession.

(2.) HEARD the learned counsel appearing for the petitioners and the respondents - State Government as well as the learned counsel representing the DVC. Perused the materials placed on record.

(3.) IN paragraph 17 of the counter affidavit filed by the DVC on 6.11.2011 it has been stated that respondent no.4 has got no objection if a proceeding is drawn by the State Government for mutation of the lands in favour of the vendors of the petitioners. In para -8 of the supplementary counter affidavit it has been stated that by order dated 12.11.2009 the Hon'ble Court has been pleased to direct the respondents to inform as to who were in actual physical possession of the lands in question in the year 1960,1970,1980 and 1990. Lands in dispute situated at village Badki Dhamrai.P.S. Jainagar, district Koderma are Gairmajarua Khas land of the State of Bihar, details thereof has been enumerated by way of tabular form. In para -9 of the supplementary counter affidavit it has been stated that the State of Bihar through the Deputy Commissioner, Hazaribagh had transferred the lands measuring 150.21 acres to the DVC through Land Acquisition Case no. 9 of 1951 -52 to settle and rehabilitate the same to displaced persons/raiyats, whose lands were submerged in the water in construction of Telaiya Dam by the DVC.The said land acquired by the DVC was settled to a number of displaced persons/raiyats in due course by granting purcha in the name of the settlees. In para -11 of the supplementary country affidavit it is also stated that as the DVC had settled the land to Khago Kumhar and others in the year 1953, they were respectively in possession over the settled lands in the year 1960,1970,1980 and also in 1990.They continued to possess the same till the settlees and their heirs transferred the same to Manish Kumar Kapsime and others by registered Sale Deed no. 5063 dated 15.12.1998. I find substance in the arguments advanced by the learned counsel appearing for the petitioners that the respondents authorities, while dealing with the mutation entry case, are not required to decide the title of the person. The right title and interest in the property can be decided by the Competent Civil Court having jurisdiction in the matter. In the present case though the application was made by the petitioners for mutation of the lands in question but the same was not carried out by the respondents authorities in accordance with law and therefore, the petitioners were constrained to approach this court. During pendency of this petition the application preferred by the petitioners was dropped by the respondent authority. As stated above, DVC in its counter affidavit has taken stand that it has got no objection if the authority of the State Government undertakes to make necessary exercise for mutation of the lands in question and issuance of the rent receipt in favour of the present petitioners. However, the fact remains that the respondent authority is required to act in accordance with law and that too after following due process of law and therefore, having regard to the facts and circumstances of the present case the respondent authority shall follow due process of law and pass appropriate order with regard to mutation of the lands in question and issuance of rent receipt in favour of the petitioners within a period of three months from the date of receipt/production of a copy of this order. With the above observation this petition stands disposed of.