KANAK KUMARI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this interlocutory application, the petitioners have prayed for substitution of heirs and legal representatives of petitioner No. 1, who died leaving behind her legal heirs, whose names and addresses have been described in Para 2. It has been stated that this application is within time. The respondents have not disputed the said contentions. Considering the above, this interlocutory applications is allowed. Let the legal heirs and representatives of the petitioner No. 1, whose details have been given in Para 2, be substituted in her place. I.A. No. 1005 of 2008 is disposed of. W.P. (C) No. 4895 of 2007: The petitioners in this writ petition have prayed for quashing the order dated 22nd January, 2007 passed by the Commissioner, south Chhotanagpur Division, Ranchi in Revenue appeal No. 122 of 2006, rejecting the appeal filed by the petitioners against the order dated 15th June, 2006 passed by the Deputy Commissioner, Ranchi in Misc. Case No. 58 of 2002 -03/22 of 2003 -04, whereby the jamabandi running in the name of the petitioners' vendor in respect of the land appertaining to Plot Nos. 492 and 496, khata No. 383 of Mouja Pundag, District Ranchi, has been cancelled without giving notice and opportunity of hearing.

(2.) IT has been stated that the said land was recorded as gairmazarua malik in the name of the ex.landlord. The landlord settled the said land in the name of the petitioner's vendor -Maheshwar Nath Shahdeo by virtue of Sada settlement in 1943, followed by rent receipt and delivery of possession.

(3.) IN the year 1983, the petitioners purchased the portion of the said land from the wife of Maheshwar Nath Shahdeo and since thereafter they have been in physical possession of the same. Mutation to the extent of the portion of the said land purchased by them was allowed in their names in Misc. Case Nos. 1 and 2 of 1985 -86. The petitioners have been paying rent since thereafter in respect of the land purchased by them. By the impugned order, the Deputy Commissioner, Ranchi cancelled the long running jamabandi in the name of the petitioners' vendor as also the jamabandi running in the names of the petitioners in the said Misc. Case No. 58 of 2002 -03/22 of 2003 -04.