NANDLAL MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 29/11/2022 passed by the Deputy Commissioner, Ramgarh (respondent no. 2) in Miscellaneous Case No. 65/2022 (Annexure -4), whereby the application filed by the petitioner to provide security for demarcation of his land appertaining to Khata No.9, Plot No.118 measuring an area of area of 8.5 decimals and Khata No.9, Plot No.116 measuring an area of area of 6 decimals situated at village- Labga, P.O.-Balkurdra, Block- Patratu (hereinafter to be referred as the 'said land") as well as for construction of boundary wall over the same has been rejected. Further prayer has been made for issuance of direction upon the respondent nos.2 and 3 to provide security during demarcation of the said land and construction of boundary wall over the same, as the respondent no.4 with the help of some anti-social elements is creating disturbance to the petitioner over the said land with respect to his peaceful possession.

(2.) Learned counsel for the petitioner submits that the father of the petitioner had purchased several plots of Khata No.9, Village-Labga measuring total area of 2.63 acres in the name of petitioner and his elder brother Triveni Mahto from one Devaki Mahto vide sale deed no.1067 dtd. 27/3/1957. The said land was also mutated in the name of petitioner and his elder brother and they paid rent to the Government for which rent receipts were also issued in their names.

(3.) It is further submitted that one Dhanu Mahto @ Ghanu Mahto started claiming the said land on the basis of a manufactured sale deed said to be executed by the elder brother of the petitioner Triveni Mahto in his favour on 11/12/1959. The petitioner having come to know about the said manufactured sale deed, filed a title suit being Title suit No. 50 of 1994 which was decreed in his favour vide judgment dtd. 24/9/1998 declaring the sale deed No.3740 dtd. 11/12/1959 null and void.