SHADAT HUSSAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant writ petition has been filed under Article 226 of the Constitution of India for compensation of his land situated at Mouza Asahana No.606, Jamabandi No.12, Dag No.01 acquired.

(2.) Petitioner claims to have right, title and interest over the said property on the basis of the Settlement Case No.38 of 1938-39 by which it was settled in favour of his father by way of Amalnama and thereafter, he has been continuing in the possession of it. The entry in Register II has been affected by the order passed by Sub Divisional Officer in R.M. Case No.129 of 1961-62 on 26/5/1965 and thereafter, the rents are being paid which has been annexed as Annexure 2. Petitioner filed Misc. Case No.10 of 2016-17 before the Additional Collector, Deoghar for declaration of the above land as raiyati land which was rejected on the ground that Register II does not reflect the reason for making entry.

(3.) It is argued by the learned counsel that in a land acquisition proceeding, factum of actual possession of the claimant is to be considered which has been duly proved by the Jamabandi opened in the name of this petitioner and State accepting rent on his behalf. Despite this, the petitioner has not been recognized as Raiyat and compensation for land acquired, has been denied.