SADRUL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved by inaction on the part of the Circle Officer, Gamharia in not creating Jamabandi (Mutation) in favour of Jai Raj Singh Deo, the petitioners who are constituted attorney of Jai Raj Singh Deo, have filed the present writ petition. The brief facts of the case are that, Jai Raj Singh Deo is the son of Bhupendra Narayan Singh Deo who received land appertaining to Khata No. 24 (old), Plot No. 1/A and 7/A (old) admeasuring three bighas through registered gift deed dated 16.11.1962 from Raja Aditya Pratap Singh Deo, the ruler of Seraikella Estate. Raja Aditya Pratap Singh Deo had 3 sons. Jai Raj Singh Deo is the grand-son of Raja of Seraikella being the son of Bhupendra Narayan Singh Deo. Initially, Bhupendra Narayan Singh Deo applied for jamabandi in his name vide Mutation Case No. 33 of 1966-67 however, no order was passed by the Circle Officer. In the meantime, the Bihar Tenants Holding (Maintenance of Records) Act, 1973 came into operation. In respect of 20 bighas of land purchased from Raja of Seraikella, several proceedings were initiated and Title Suit No. 48 of 1998 was filed in the Court of Subordinate Judge-I, Seraikella. The said Suit was decreed vide judgment dated 24.03.2001 in which the learned Subordinate Judge-I has recorded as under:

(2.) The father of the Jai Raj Sing Deo died in the year, 1992 and thus he succeeded and inherited the entire land gifted to his father by his grand-father, Raja of Seraikella. The petitioners approached the Circle Officer on various dates and gave reminders however, no order has been passed with respect to jamabandi of the land comprising of 3 bighas land, being New Khata No. 256, Plot No. 243, 245, 246, 253, 255, 256 & 257 of Mauza Adityapur, District Seraikella, Kharsawan.

(3.) A counter-affidavit has been filed on behalf of the respondent Nos. 2 to 5 stating that no specific detail of the property recognized as private property of Raja of Seraikella at the time of merger, has been given in the writ petition. It is denied that Raja of Seraikella has 3 sons rather, he had 4 sons namely, Tikayet Nrupendra Narayan Singh Deo, Patayat Bhupendra Narayan Singh Deo, Subhendra Narayan Singh Deo and Sudhendtra Narayan Singh Deo. It is further stated that the claimant did not take any step in the matter after 1966-67 and if at all the claimant was aggrieved due to inaction on the part of the respondents he should have approached the higher authority or filed a suit, which he has not done. On these grounds, the prayer in the writ petition is resisted.