RISHI CEMENT COMPANY LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE order dated 28.1.1997 as contained in Annexure -9 to the writ application passed by the Sub -Divisional Officer, Ramgarh has been challenged in the present writ application, whereby the Sub -Divisional Officer, Ramgarh has cancelled the jamabandi standing in the name of the petitioner -Company with respect to Khata No. 241, Plot No. 202, Areas -7 acres and Plot No. 302, Area -3 acres, total Area -10 acres situated at Village -Bangabar, P.S. Mandu, District -Hazaribagh and directing the Circle Officer, Mandu to initiate a proceeding under the Land Encroachment Act against the petitioner -Company.

(2.) THE facts in short giving rise to this application which are not in dispute are that the Plot No. 202, Area -45 acres and Plot No. 302, Area -16 acres was acquired by Hart Das Karmali from the ex -landlord by a Hukumnama, In the old Register II, the name of Hari Das Karmali was entered. The Respondent Nos. 6 to 9 who were the legal heirs of late Hari Das Karmali, after taking permission under Section 49 of the Chhotanagpur Tenancy Act from the Deputy Commissioner, Hazaribagh transferred the aforesaid 10 acres of land in favour of the petitioner -Company by Registered deeds. Thereafter in the name of the Company, mutation was allowed by the Circle Officer and correction slip was also issued in the year 1986 and the petitioner -Company was paying rent to the State regularly.

(3.) IT is submitted that since the occupancy raiyat transferred the land in question in favour of the petitioner -Company after taking due permission of the Deputy Commissioner under the provisions of the Chhotanagpur Tenancy Act and since mutation was also allowed and the rents were being accepted and, as such the Sub -Divisional Officer or even the Deputy Commissioner had no jurisdiction at all to cancel the jamabandi standing in the name of the petitioner -Company.