SIKENDAR ALI @ SHEIKH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenging order dated 17.11.1990 in R.M.C. No. 26 of 198889, order dated 28.12.1992 in R.M.A. No. 69 of 199091 and order dated 28.02.2006 in R.M.R. No. 08 of 199495, the petitioner has preferred this writ petition.

(2.) Claiming possession of an area of 1178 Bighas of land in village Kanchijaddipur by the petitioner and other raiyats, which was allegedly transferred in their names by the exlandlord before vesting of Jamindari, the writ petitioner has stated that the lands situated in village Sridhar Diara were also transferred in the name of the petitioner as well as other 44 raiyats by the exlandlords. Accordingly, they had been paying rents to the exlandlords and Register II was prepared in their names. The petitioner and other raiyats continued to pay rent to the State of Bihar and rent receipts were issued to them. The villages Kanchijaddipur and Sridhar Diara remained submerged under river Ganga for 1012 years and thereafter, the respective raiyats resumed their possession. When the petitioner and other respective raiyats approached the Circle Officer in the year 1987 for paying rent, the Circle Officer refused to accept the rent on the ground that the Register II has been misplaced. Thereafter, the petitioner and other raiyats filed an application before the Deputy Collector, In Charge, Land Reforms, Sahibganj for reconstruction of Register II and for accepting the rent in respect of the land, which was transferred by the exlandlord. A R.M.C. No. 26 of 198889 was registered on the objection filed by private respondents to the Deputy Collector, In Charge, Land Reforms, Sahibganj and the matter was referred for enquiry to the Circle Officer. The enquiry made by the Karamchari recommended that the Register II may be opened in the name of the petitioner and other similarly situated raiyats. The private respondents filed their objection claiming themselves to be the displaced person from Bangladesh in the year, 1971, who were granted protection by the Government of India and shifted to the aforesaid two villages. The rent receipts produced by the petitioner were alleged to be forged documents. The Deputy Collector, In Charge, Land Reforms concluded that Register II should be reconstructed and Jamabandi can be created in the light of the recommendation of the Circle Officer, Rajmahal. However, the Sub Divisional Officer, Sahibganj has erroneously passed order dated 17.11.1990. The petitioner moved the Deputy Commissioner, Sahibganj in R.M.A. No. 69 of 1991, which was dismissed vide order dated 28.12.1992. The R.M.R. No. 08 of 199495 was also dismissed vide order dated 28.02.2006 by the Divisional Commissioner, Santhal Pargana Division, Dumka.

(3.) A counteraffidavit has been filed on behalf of respondent nos. 1 to 4 disputing the claim of the petitioner with respect to possession of the land. It is stated that thousands of refugees migrated from the then East Pakistan from 1965. Land was also acquired for Farakka Barraj Project whereas, some portion of land in question falls within Kalichak police station within District Malda in West Bengal. The refugees have received citizenship rights and the government has constructed buildings for school, health care, panchayat bhavan etc. and about 700 refugees are residing there with their family. Though, the petitioner has claimed that the petitioner and other raiyats are holding land to the extent of 1178 Bighas however, other raiyats have not come forward claiming the same. In fact, land was transferred by the exlandlord in the name of the petitioner. No document of transfer has been produced by the petitioner in support of his claim. The land in question was submerged for long time, some portion of which reappeared in Jharkhand and some portion in West Bengal and as soon as it reappeared, it was alloted to refugees. The petitioner never came in physical possession of the land, as claimed by him and he has managed some forged rent receipts. The petitioner is not the resident or nonresident Jamabandi raiyat of mouza Kanchijaddipur.