LAL SWATANTRA NATH SHAHDEO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioners, the learned counsel for the respondent State and the learned counsel for the respondent no.5.

(2.) The prayer in this petition has been made for quashing of the order dtd. 10/4/2023 passed in Mutation Revision Case No.24 of 2022 by which the Deputy Commissioner Latehar has directed to maintain the Mutation Order passed by the Circle Officer, Latehar in Miscellaneous Case No.14 of 2016-17. The further prayer in this petition has been made for direction upon the respondents to take a decision for mutation only after the decision taken in Title Suit No.65 of 2018 pending in the court of learned Sub Judge, Latehar.

(3.) Mr. Rajendra Krishna, the learned counsel appearing on behalf of the petitioners submits that the land in plot no.7 (old), plot no.225 (old) having total area 1.97 acres corresponding to new khata no.8, plot no.407 having total area 1.84 acres at Jognatarn, Matnag, in the District of Latehar is recorded in the name of late Chunni Lal Ambika Prasad Nath Shahdeo. Late Chunni Lal Ambika Prasad Nath Shahdeo died leaving behind three sons namely , (i) Lal Ran Vijay Nath Shahdeo, (ii) Lal Jaiprakash Nath Shahdeo and (iii) Lal Swatantra Nath Shahdeo. He submits that the property in question as stated in the writ petition along with other lands owned and possessed by late Chunni Lal Ambika Prasad Nath Shahdeo. The property in question was jointly inherited by the heirs (three sons as disclosed). He submits that in absence of any partition of the joint inherited property, one of the co-sharer namely Lal Jai Prakash Nath Shahdeo (second son) sold the entire land under Khata No.8(new) (Old khata no.7), Plot No.407 (New) (Old plot no.232) having total area of 1.84 acres/ 1.97 acres at Jagnatarn, Matnag, Latehar to M/s Atlas Agro Forestry Pvt. Ltd. by registered sale deed dtd. 28/7/1994 and thereafter the said land was mutated in the name of M/s Atlas Agro Forestry Pvt. Ltd in Mutation Case No.72/1995-96. He submits that the Jamaandi of the entire land in question was running in the name of recorded tenant of late Chunni Lal Ambika Prasad Nath Shahdeo and in spite of that mutation is done in favour of M/s M/s Atlas Agro Forestry Pvt. Ltd. He submits that the petitioners' legal heirs have come to know about transfer of land by registered deed of sale as well as the decision taken in Mutation Case No.72 of 1995-96 when one Rekha Devi tried to take possession of land in question on the basis of sale deed no.336 dtd. 15/2/2014 as well as on the basis of Mutation Case No.217/2014- 15 as the same was subsequently sold by M/s Atlas Agro Forestry Pvt. Ltd to Rekha Devi and he submits that a proceeding under Sec. 145 Cr.P.C was initiated and possession of the petitioners were found which was challenged before revisional court as well as before this Court and travelled upto the Hon'ble Supreme Court and possession of the petitioners was affirmed. He submits that in this background, the L.R.D.C. has rightly passed the order to wait for the out-come of the pending suit, however, the Deputy Commissioner has directed to continue Jamabandi as directed by the Circle Officer in Mutation Case No.14 of 2016-17. He submits that when the suit is already pending the Deputy Commissioner has unnecessarily passed the said order and LRDC order was correct one. He submits that in view of that this petition may kindly be allowed.