JUSTINA ORAIN Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Aggrieved by order dated 02.06.2011 in Misc. Case No. 02 of 201011, the petitioner has approached this Court.

(2.) The brief facts of the case are that, on 11.02.1955 land admeasuring 2.30 acres was purchased by one Simon Oraon for a consideration amount of Rs.350/ vide unregistered sale deed from predecessorininterest of respondent nos. 3 to 7 namely, Basiruddin Khan. In the year, 1981, the father of respondent nos. 3 to 7 namely, Basiruddin Khan filed a case for cancellation of demand running in the name of the petitioner vide Misc. Case No. 02 of 198182 which was dismissed vide order dated 21.04.1981. The said Basiruddin Khan @ Basir Khan filed an objection petition under Section 83 of CNT Act, which was also rejected vide order dated 05.03.1981. Aggrieved by order dated 05.03.1981 in Objection (Badr) petition (under Section 83 of CNT Act) vide Case No. 2, a revision case was preferred under Section 89 of the CNT Act (Revision Case No. 66 of 1981) however, the said revision petition was also dismissed vide order dated 01.10.1982. The respondent nos. 3 to 7 thereafter filed a petition for "jama" before the C.O. Mahuadanr being, Case No. 02 of 201011 in which, the Circle Officer submitted a report. In the meantime, a Misc. Case No. 02 of 201011 was also filed by respondent nos. 3 to 7 and, in the said case, the Deputy Collector Land Reforms, Latehar passed order dated 12.08.2010 and forwarded the report to the Additional Collector, who passed order dated 21.06.2010. Aggrieved by order dated 21.06.2011, the present writ petition has been filed.

(3.) A counteraffidavit has been filed on behalf of the respondents stating that land in question stands recorded in the name of Mosahel Khan in the last survey Record of Rights. However, the Jamabandi of the land in question stands recorded in the name of Smt. Jastina Orain in Register II at page 33/3. Out of the total area of 2.30 acres of land in Mouza Amba Toli, Khata No. 40, Plot No. 116, 0.60 acre land has already been transferred to one Antony Bara, son of Paulus Bara, resident of village Amba Toli in whose name a Jamabandi has been created and it stands recorded in RegisterII at page 122/3. The petitioner has claimed that an agreement to sell of the land was executed in favour of the predecessorininterest of petitioner by the predecessorininterest of respondent nos. 3 to 7 however, the ancestors of the respondent nos. 3 to 7 did not execute the sale deed in favour of the ancestors of the writ petitioner. The report of the Circle Officer indicates that there exists houses constructed over an area of 0.60 acres in old Plot No. 116 and over an area of 0.11 acre in Plot No. 118. The Circle Officer recommended for Jamabandi of the land in Mouza Amba Toli P.S. No. 137, Khata No. 40, Plot No. 74 admeasuring area of 0.43 acres and in Plot No. 118, area 1.16 acre in the name of the heirs of the recorded tenant namely, Haider Ali Khan, Razaque Khan, Sarwar Alam Khan, Jabir Khan and Mofid Khan.