DAMRI RAM SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 23.07.2008 passed by the Additional Collector, Ranchi (respondent No. 3) in Misc. Case No. 25/2007-08 (Annexure-6 to the writ petition) whereby, the Zamabandi running in the name of the petitioners, has been cancelled.

(2.) The factual background of the case is that the land under Khata No. 47, Plot No. 1496, area 5 acres, situated at Village-Dubaliya, District-Ranchi [hereinafter referred to as 'the said land'] was purchased by the petitioners by way of registered deed of sale dated 14.01991. After purchase, the said land was mutated in the names of the petitioners by the Circle Officer, Kanke vide Mutation Case No. 803R-27/1990-91 and thereafter they had been paying the rent to the Government. Suddenly, after 2003, the Circle Officer, Kanke Anchal, Ranchi refused to issue rent receipt for the said land and when the petitioners enquired about the matter, they came to know that issuance of rent receipt was stopped pursuant to an order of the Additional Collector, Ranchi, contained in Memo No. 36 dated 25.01.2003. The petitioners, thereafter, filed an application being Misc. Case No. 25/2007-08 before the respondent No. 3 for regularizing the issuance of rent receipt wherein the Circle Officer, Kanke submitted a report with a recommendation for cancellation of Zamabandi running in the name of the petitioners. The respondent No.3 passed the impugned order dated 23.07.2008 for cancellation of Zamabandi running in the name of the petitioners holding that the Register-II does not disclose as to on what basis the names of the vendor of the petitioners, namely, Bindeshwari Sahu and others have been entered in Register-II.

(3.) The learned Sr. counsel for the petitioners submits that the said land was settled by the ex-landlord in the name of Surajnath Sahu by way of Hukum nama dated 22.10.1949 and the names of the sons of the settlee, namely, Bindeshwari Sahu and others were entered in the Register-II and they also paid rent for the said land. A proceeding under Section 4(h) of the Bihar Land Reforms Act, 1950 being Case No. 2/1983 was also initiated against Bindeshwari Sahu, Balchand Sahu and Naresh Sahu, which was finally dropped. It is further submitted that during the survey and settlement operation, the draft record of rights had been prepared wherein the nature of the said land was recorded as 'Anabad Bihar Sarkar' and then the petitioners filed objection under Section 89 of the C.N.T Act being Case No. 273 of 1991 and finally vide order dated 05.01.1993, a direction was issued for deleting the name of 'Anabad Bihar Sarkar' with further direction that a separate Khata be opened in the name of the petitioners. The learned Sr. counsel further submits that the impugned order has been passed in violation of the principle of natural justice. It is also submitted that since the date of purchase, the petitioners are enjoying their right, title, interest and possession over the said land, which is evident from the 'Banda Purcha' (Annexure-8 to the supplementary affidavit dated 102013).