SANDHU MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the petitioners have prayed for issuance of an appropriate writ, order or direction to quash the order dated 2.7.2002. passed by Smt. Sheela Kisku Rapaj, the Commissioner, South Chhotanagpur Division, Ranchi in S.A.R. Revision No. 356 of 1995.

(2.) LEARNED counsel for the petitioners has confined his prayer and argument to the sole issue as to whether the land, in question, is Mundari Khunt -Katti land or not for the purposes of imposing restriction on transfer, as provided under Section 240 followed by order of ejectment under Section 242 of the Chota Nagpur Tenancy Act, 1908 (hereinafter to be referred as "the C.N. T. Act").

(3.) THE private -respondents have contended that the Mundari Khunt -Katti land, in question, belongs to their ancestors, as their ancestors were the Khewatdars of Khewat NosA/1 and 4/5. It has further been submitted that after the death of their ancestors the present private respondents have inherited the entire land of Khewat Nos. 4/2 and 4/3. Accordingly, the respondent Sukhlal Munda is the Khunt -Kattidar of Village - Parandih, P.S. -Tamar, District -Ranchi. It has further been submitted that R. S. Khewat No.5 was prepared in the name of Karilal Sahu, who was bhugut bandhadar of the land. The said land was given to Karilal Sahu as bhugut bandhadar for a period of seven years commencing from Samvat 1984 to 1990. Therefore, after the expiry of the period of bhugut bandha, the Mundari Khunt -Kattidars are entitled to retain the possession. Khata No.13 which corresponds to Khewat No.5, was prepared from Khewat No. 4/5. The said Khata No.13, which is in illegal possession of the petitioners, was recorded under bhugut bandhadar Kanilal Sahu. Therefore, the respondents filed an application under Section 242 of the C.N.T. Act, claiming restoration of the above land, which was allowed by the Sub -Divisional Officer, Khunti on 27.6.1988, passed in R.M.Case No. 26 of 1987 -88.