AZADUL HAQUE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I.A. No.10226 of 2023 has been filed on behalf of intervener-Kaustub Sarkar for being impleaded as party respondent in the instant writ petition on the ground that intervener has right, title and interest over the land in question on which vide the impugned order, restriction on registration of transfer of land has been imposed vide letter No.1700 dtd. 19/9/2016 and further vide order dtd. 15/4/2023 contained in Memo No.1253.

(2.) It is submitted by learned counsel on behalf of petitioners that these plots were in possession of Md. Nizamuddin Hasan who had gifted it to Dr. Syed Mahmood who had come in possession of the same and was making payment of rent. On application filed by Dr. Syed Mahmood in Case No.423 of 1937-38 and Case No.115 of 1937-38 were initiated before the Ward and Encumbered Estate and he was recognized as a Raiyat with respect to the aforementioned lands and order was passed on 30/10/1938 to issue rent receipts in the name of Dr. Syed Mahmood in Case Nos.115 and 423 of 1937-38.

(3.) After vesting, Dr. Syed Mahmood was recognized as Raiyat after vesting. Apart from the above, land were sold by registered sale deed dtd. 6/2/2009 and 4/2/2009 by the heirs and descendants of Dr. Syed Mahmood to Petitioner nos.1 and 2, who came in possession of the land which has now been duly mutated in their name. The Land Possession Certificate was also issued to the petitioners by the Circle Officer and the Jamabandi with respect to the land in question was running in the name of petitioners.