PRADIP MODI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing Letter No. 2859(ii) dated 26.10.2009 issued by the respondent No.3 to the respondent No.5 whereby the respondent No.5 has been directed to act in terms with the order passed by the respondent No.2 on 14.09.2009 accepting the proposal of the respondent No.3 that no rent receipt can be issued to the petitioner for the land situated under Khata No. 114, Plot No. 1091, area 16.70 acres, Village-Balalong, District-Ranchi (hereinafter referred to as 'the said land') as per the opinion of the RevenueLand Reforms Department, Government of Jharkhand. Further prayer has been made for issuance of direction upon the respondents to issue rent receipt to the petitioner for the said land.

(2.) The factual background of the case, as stated in the writ petition, is that the land situated in Village-Balalong, Thana No. 236, under Khewat No. 5 and Khata No. 114, Plot No. 1091, area 24-25 acres has been recorded in the R.S. Record of Right as Gair Mazurua Malik. The ex-landlord, by virtue of a Hukumnama dated 30.11944, made chhaparbandi raiyati settlement of the said land with one Satyadeo Narayan Tiwary on annual rent of Rs. 5.50 and put him in exclusive possession of the same. Thereafter, the settlee continued to pay the rent to the ex-landlord till the vesting of Zamindari. After vesting, the ex-landlord filed return under Sec. 4 of the Bihar Land Reforms Act, 1950 for Village-Balalong in which there was also the reference of the settlement made in favour of Satyadeo Narayan Tiwary. Out of a total 24-25 acres of land, the Government of Bihar acquired about 7.55 acres of land for the purpose of Hatia Dam, HEC and the compensation was paid to Hari Singh, Jaganath Ghashi and others in L. A. Case No. 64 of 1961-62 on the basis of a compromise entered between Satyadeo Narayan Tiwary with them. In the year 1965-66, the Jamabandi of the said land was created in favour of Satyadeo Narayan Tiwary by the order of the Circle Officer, Ratu passed in Misc. Case No. IR8(iii) of 1965-66. Subsequently, Satyadeo Narayan Tiwary sold the remaining 16.70 acres of the said land to Prabhu Dayal Modi (the father of the petitioner) by virtue of a registered deed of sale dated 08.11.1966 and put him in possession of the same. The correction slip of the said land was also issued in favour of Prabhu Dayal Modi vide the order dated 23.01984 passed in Misc. Case No. 188 R 27/83-84 and thereafter he continued to pay rent till 1985-86. Thereafter, the respondents stopped issuing the rent receipt of the said land. After the death of Prabhu Dayal Modi, the petitioner filed a petition dated 03.02006 before the respondent No.5 seeking direction to the Karamchari to issue the rent receipt of the said land in favour of the petitioner. Thereafter, the respondent No.4 initiated Misc. Case No. 06/2006-07. Finally, the respondent No.3 vide Letter No. 2859(ii) dated 26.10.2009, directed the respondent No.4 to act in accordance with the direction issued by the respondent No.2 that no rent receipt could be issued to the petitioner for the said land, which ultimately gave rise to filing of the present writ petition.

(3.) The learned counsel for the petitioner submits that it is a settled position of law that Jamabandi once created cannot be cancelled or kept in abeyance at the whims of the revenue authorities that too without initiating a proceeding in accordance with law and hearing the aggrieved person. The issuance of rent receipt has been kept in abeyance vide order dated 17.12.1986 passed by the Circle Officer, Ratu and the Circle Inspector, Ratu behind the back of the petitioner's father without referring to any proceeding, and as such, the same is illegal, arbitrary and unjustified. The issuance of rent receipt in favour of a person does not amount to violation of the provisions of the Forest (Conservation) Act, 1980 [hereinafter referred to as 'the Act, 1980']. The respondents have wrongly comprehended that the issuance of rent receipt will change the legal status of the said land recorded as 'Bara Jangal' in the Revenue Record.