NANDLAL TIBREWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the State.

(2.) The Deputy Commissioner, Godda by the impugned order dated 26.2016 (Annexure-14) passed in Misc. Petition No. 03/2015-16 has affirmatively held that the land in question under Mouza Chamgora Darun Balia, Thana no. 560 within Anchal Mahagama, District Godda, where there are two jamabandis having an area of 21-15-16 Dhur are registered as 'Pradhan Ka Jote' as per the Gantzer's Settlement in the name of Mahavir Prasad Pradhan; Vilasi Ram; Hari Prasad Ram S/o Janki Ram; Koum Agarwal, Thana-Mahagama. In 'A misil' and 'B misil' extracts also it is shown as 'Pradhan Ka Jote'. During the period when the village was Khas, the descendants of erstwhile Pradhan i.e. Nandlal Tibrewal, Petitioner no.1 and others were depositing rent. The Deputy Commissioner, Godda however has observed that applicants/petitioners herein have not shown any provisions of Santhal Pargana Tenancy (Supplementary Provisions) Act, 1949 for carrying out constructions. He has summarily held that restraint on constructions would be maintained as no raiyat under the Act of 1949 has a right to change the nature of 'Jamabandi' piece of land.

(3.) This aggrieved the petitioners to approach this Court once again in the present writ petition after the previous round of litigation in W.P.C. No. 1762 of 2015, where under by order dated 1.7.2015, Annexure-10, the writ petition was dismissed with the following observation:-