SHAKUNTALA PATODIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SEEKING quashing of order dated 04.11.2011 in Misc. Appeal No. 135 R 15/2002 -03 and quashing of order dated 26.05.1998/28.05.1998 in Case No. 3 R 8/1996 -97, the petitioner has approached this Court.

(2.) THE brief facts of the case are that, by a registered deed of sale dated 16.01.1982, the petitioner purchased land comprised in Revisional Survey Plot No. 2196 appertaining to Khata No. 162 in Khewat No. 5 admeasuring an area of 1 acre situated at village - Arra, P.S. - Namkum, District - Ranchi. Vide Mutation Case No. 91 R 27/1981 -82, after due verification and enquiry, the name of the petitioner was mutated and correction slip was issued. Thereafter, rent receipt acknowledging payment of rent by the petitioner was also issued. On 16.10.2002, the petitioner came to know that on the recommendation of the Land Reforms Deputy Collector vide order dated 26.05.1998/28.05.1998, the jamabandi standing in the name of the petitioner has been cancelled by the Sub -Divisional Officer, Ranchi vide order dated 28.05.1998. Misc. Appeal No. 135 R 15/2002 -03 was filed challenging order dated 26.05.1998/28.05.1998. The mother of the petitioner namely, Gaitri Devi Dhundhari approached this Court in W.P.(C) No. 4554 of 2007 in which this Court directed the Deputy Commissioner, Ranchi to dispose of the Misc. Appeal within a period of 3 months and vide order dated 04.11.2011, the respondent No. 2 dismissed the Misc. Appeal No. 135 R 15/2002 -03. The land in Plot No. 2169 under Khata No. 5 in village - Arra was settled in favour of one Punit Kuwar on 12.05.1943, who continued to pay rent to the ex -landlord till the date of vesting of jamindari. After the death of the said Punit Kuwar, her son Banmali Narayan Tiwari, the vendor of the petitioner, inherited the property of his deceased mother. After vesting of jamindari, the name of Punit Kuwar was entered in Register - II and she was recognised as raiyat by the then State of Bihar.

(3.) HEARD the learned counsel appearing for the parties.