PREM PRAKASH ARYA Vs. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, PROJECT BUILDING DHURWA, RANCHI & ORS.

JUDGEMENT

(1.) Aggrieved by orders dated 05.05.2011 in Case No. 326 of 2010-11 and final order dated 20.01.2012 passed by the Land Reforms Deputy Collector, Dhanbad-respondent no. 3, the present writ petition was filed. Subsequently, I.A. No. 1135 of 2015 was filed seeking amendment in the writ petition for challenging order dated 16.03.2012 passed by the Deputy Commissioner and the said application was allowed vide, order dated 04.03.2015.

(2.) The brief facts of the case narrated in the writ petition are summerised thus;

(3.) The learned counsel for the petitioner submits that, order dated 29.05.1962 in Encroachment Case No. 17(III) of 1959-60 was never challenged by the respondents. The Deputy Commissioner vide order dated 27.04.2010 approved the Jamabandi already created in the name of the vendor in as much as, the petition filed by the purchaser namely, Dharmendra Kumar Keshri was allowed on the ground that there was no necessity for opening a new Jamabandi in the name of the vendee. Referring to various rent receipts issued in the name of Jeewan Das Arya since 12.05.1962, the learned counsel for the petitioner submits that, the finding recorded by the Deputy Collector Land Reforms and the Deputy Commissioner are patently wrong. It is further submitted that after lapse of about 55 years long running Jamabandi cannot be cancelled.