PITAMBAR BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant petition has been filed impleading the State authorities as respondent nos.1-6 and also private respondent as respondent no.7. Writ application has been filed to restrain the private respondent from continuing with the construction of establishment of petrol pump of Bharat Petroleum on the land pertaining to Mauza Pakuria-76, Touzi No.35, Jamabandi No.69, Plot No.142, Area 2 Bigha 9 Katha 2 Dhur in District Pakur.

(2.) The case of the petitioner is that they are heirs and descendants of recorded Raiyat Bhagwati Bhagtain and in the land in question her name was recorded in Register II. During her life time, the land was in her peaceful possession and after her death, the father of petitioner inherited the land in question. After death of father, by registered partition deed dtd. 2/7/2018 the land was duly partitioned among the petitioners and the petitioners are in possession of their respective share by virtue of sale deed. The rent is being paid by the petitioners to the State. The immediate cause for filing the instant petition was that respondent no.7 had stored certain construction material on the land in question for construction.

(3.) The respondents have appeared and filed counter affidavit. It is the case of private respondent no.7 that it is not disputed that Bhagwati Bhagtain was recorded as per Gantzer settlement. It is however averred that she had by registered sale deed bearing Sale Deed No.695/31 area 02B-00K-00Dh dtd. 30/4/1931 and registered Sale Deed No.1498/1931 dtd. 17/9/1931 area 02B-13K-16Dh transferred the land in question in favour of Shiv Jatan Ram who happens to be the grandfather of respondent no.7. The land in question was mutated vide Mutation Case No.121/88- 89 dtd. 31/3/1989 and the rent is being paid in Siresta of the State Government.