BISHESWAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Letters Patent Appeal is filed against the order dated 22.02.2013 passed by the learned Single Judge in W.P. (C) N. 2289 of 2012 dismissing the writ petition giving liberty to the appellants to approach the Civil Court to establish their title, ownership and possession upon the property in the proper way.

(2.) CASE of the appellants is that the ex -landlord, Dulhin Sri Choubeni Kunwar Padama had settled 3.32 acres of land of Kaitha Mauza, recorded as Gair Mazarua Khas, under Khata No. 84, Plot No. 171 in favour of Sikhu Mahto through Hukumnama in the year 1924 -25. The rent was assessed and paid to the ex -landlord from 1924 -25. Further case of the appellant is that after coming into force of the Bihar Land Reforms Act, rent was assessed in the name of Shikhu Mahto and rent had been paid to the Government of Bihar and after the death of said Shikhu Mahto, the appellants came in possession of land and they were paying rent to the State Government till 1984. The appellants relies upon Annexure 6 to show that they were paying rent till 1984. Further case of the appellant is that one notice was issued on 7.06.2010 for acquisition of land situated in various plots including Plot No. 171 under Khata No. 84 (Annexure 4) for construction of Four Lane N.H. -33.

(3.) UPON consideration of the contentions raised by the parties, the learned Single Judge held that the land in question are shown as Gair Mazarua Khas and as such the appellants' claim for payment of compensation is not sustainable. It is farther held that as the appellants have not produced any document to show their possession after 1984. However, while dismissing the writ petition, the learned Single Judge granted liberty to the appellants to agitate the cause of action before the competent Court having civil jurisdiction, where such issues relating to title, ownership and possession of the appellants can be decided.