MOST. KUMUD JAISWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed for quashing the order dated 11.08.2005 passed by the Land Reform Deputy Collector, Bundu (respondent no. 4) in M.A Case No. 01 of 2005-06 by which, the Jamabandi running in the name of the petitioner's husband namely Bhuneshwar Ram Bhagat since vesting of Zamindari pertaining to Khata No. 1111, Plot No. 67 for an area of 1.98 acres of land situated in village Bundu, has been cancelled. A further prayer has been made for quashing the orders dated 006.2006 passed by the respondent no.3 by which, the Mutation Revision Case No. 36 R 15/2005-06, filed by the petitioner, has been dismissed ex-parte, and also for quashing the order dated 27.07.2006 by which the respondent no.3 has dismissed the restoration application of the petitioner.

(3.) The factual background of the case as stated in the writ petition is that the husband of the petitioner namely Bhuneshwar Ram Bhagat had purchased the land under Khata No. 1111, Plot No. 67 having area of 1.98 acres situated in village-Bundu (hereinafter to be called as "the said land") by way of registered sale deed dated 22.02.1939 from Khatiyani raiyats Balram Singh and Ram Narayan Singh. Since the date of purchase, the husband of the petitioner regularly paid the rent to the Zamindar and after vesting of Zamindari, his name was entered in the revenue record of the State of Bihar and since then he continued to pay rent to the State of Bihar till his death. After the death of Bhuneshwar Ram, the name of the petitioner was entered in the revenue record. Suddenly, on 30.08.2004, the private respondent no.7 namely Manoj Kumar Jaiswal filed a petition before the Circle Officer, Bundu for cancellation of Jamabandi running in the name of the petitioner's husband and subsequently in the name of the petitioner. Thereafter, the Circle Officer called for a report from the, the Circle Inspector, Halka Karamchari and Amin and after receiving the report, the Circle Officer rejected the petition for mutation filed by the private respondent no.7 vide his order dated 202005 passed in Mutation Case No.45 R 27 of 2004-05 by holding that the respondent no.7 has failed to prove his entitlement upon the said land. The private respondent nos.6 to 8 thereafter filed Mutation Appeal before the Land Reform Deputy Collector, Bundu (the respondent no.-4) being M.A. No. 01 of 2005-06, which was allowed vide order dated 11.08.2005 and cancelled the Jamabandi running in the name of the petitioner's husband on the ground that the said land was transferred to Haripado Bhagat by virtue of a family agreement exchange deed dated 27.05.1958 and in lieu of that land, Bhubaneswar Ram Bhagat (the petitioner's husband) had taken a land under Khata No.1358, Plot Nos. 1737 and 1748 having area of 0.14 acre for residential purpose. Thereafter, the petitioner filed Mutation Revision before the Additional Collector, Ranchi (the respondent no.-3) on 27.08.2005 being Mutation Revision Case No. 36 R 15/2005-06, which was dismissed vide order dated 02.06.2006 by holding that the petitioner did not seem interested to pursue the matter. Thereafter, the petitioner filed an application dated 06.06.2006 for revival/restoration of the revision petition, which was also dismissed vide order dated 27.07.2006, which gives rise to filing of the present writ petition.