MAHABIR KANSI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred challenging the order dated 13.1.1999, passed by the Deputy Commissioner, Ranchi, in Misc. Appeal No. 254 of 1998, whereby, it has affirmed the order dated 6.4.1997, passed by the Sub Division Officer, Ranchi in Misc. Case No. 27 of 1996 -97.

(2.) THE facts in brief, as submitted by the petitioner, are set out as under:

(3.) THE respondents in the counter affidavit have submitted that the disputed land was recorded as Gairmazarua Malik Parti Kadim in the revisional survey records of right and in view of the claim/demand for an area of 49 Decimals of the land, in question, a proceeding was initiated by the Sub -Divisional Officer, Sadar, Ranchi vide Misc. Case No. 27 of 1996 -97 to examine the genuineness of the demand in respect of the land, in question, created in the name of said person in Register -II of Circle Officer, Town Anchal, Ranchi. The respondents submit that the land, in question is gairmazarua Malik land of the Government and the demand of the land, in question, was created to grab the valuable land in collusion of the Government officials and under the above mentioned facts and circumstances the demand of the disputed land, recorded in the name of the petitioner in Register -II of the Circle Officer, Ranchi, was cancelled by the learned Sub -Divisional Officer, Sadar, Ranchi vide is impugned order dated 6.4.1997. It has further been submitted that five Revenue Appeals were preferred before the Deputy Commissioner and the facts, involved in all the appeals, were same and the learned Deputy Commissioner after hearing all the aforesaid appeals together passed a common order dated 13.1.1999, rejecting the appeals. The appellant authority specifically held that the land, in question, in Gairmazarua Malik land as recorded in the records of right and after vesting of Jamindari, the entire Gairmazarua land vested in the State Government under Sections 3 and 4 of the Bihar Land Reforms Act, 1950 and the State Government is deemed to be in possession by way of its statutory right and no one had the legal or vested right to settle this land after vesting of Jamindari It is further submitted that in case the land of Gairmazarua Khata have been settled prior to 1956 then the Ex. Landlord would have submitted the return of the land to the State Government, in which the name of the settlee would have been recorded as raiyat in respect of the land and after vesting of Jamindari, the State Government would have entered the name of said raiyat in Register -II and granted rent receipt thereof to the raiyat and the name of the raiyat would have been recorded in the Tenants Khatiyan and Tenants Ledger Register, prepared according to Section 3 of the Bihar Tenants Holding (Maintenance of Rent) Act, which is not the case herein. It has also been submitted that the vendors of the petitioner as raiyat have neither filed copy of the return (M -Form) nor the rent receipt from 1956 to 1983 to prove their claim. The respondents have further submitted that the Jamabandi, produced by the petitioner was examined and found to be fake and forged.