JAGDEO MAHTO Vs. COMMISSIONER NORTH CHOTANAGPUR DIVISION HAZARIBAGH

JUDGEMENT

(1.) In this appeal the appellant has challenged the order dated 9-8 2006 passed in W.P.C) No. 881 of 2002 by which the learned single Judge disposed of the writ petition without interfering with the orders which were challenged in the writ petition. The learned single Judge by reiving on a decision of the Patna High Court in the case of "Sitaram Choubey v. State of Bihar, reported in 1993 (2) PLJR 255" held that creation of Jamabandi neither creates any right and title in favour of one or other nor cancellation of Jamabandi extinguishes right and title of actual owner and therefore, the impugned orders will not affect the right and title of actual owner and further that the disputed question of fact can not be decided in the writ jurisdiction. It was observed that the aggrieved person may move the Court of competent jurisdiction for appropriate relief.

(2.) The facts in short are that the appellant/writ petitioner filed the aforesaid W.P. (C) No. 881 of 2002 before this Court challenging the order dated 8-7-2001 passed by the Land Reforms Deputy Commissioner, Ramgarh as well as the Order dated. 24-4-2001 passed by the Additional Collector, Hazaribagh as also the Order dated 18-12-2001 passed by the Commissioner, North Chhotanagpur Division, Hazaribagh whereby Jamabandi running in the name of the petitioner with respect to Plot No. 122 under khata No. 69 situated in Village- Murramkalan, measuring 1.04 Acres, was ordered to be cancelled and Jamabandi was ordered to be opened in the name of Babulal Mahato, the original Respondent No. 5. who is now dead.

(3.) The ease of the writ petitioner/appellant are that the lands of Khata Nos.69 and 52 of Mouza Murramkalan were auction sold in executor of a rent decree against the recorded tenants. namely Sadhu Mahto and Bhairo Mahato and were purchased by the Ex-landlord Umraon Singh and others. Subsequently, the grand father of the appellant, namely, Guna Ram Koiri had been granted settlemant of various lands on 13-11-1919; under Khata No. 69 comprised within Plot Nos.122, 183, 184, 285 and 286, having total area of 2.01 Acres and Khata No. 52, comprised within Plot No. 162 measuring an area of 1.76 Acres in Mouza Murramkalan by the Ex-landlord Umraon. Singh and others. Pursuant to such settlement, the grandfather of the appellant, who became the raiyat of the lands settled in his favour, paid rent to the ex-landlord. Subsequently, the Chhotanagpur Banking Association by virtue of an auction sale, had purchased the proprietary interests of the ex-landlord and became the landlord so far as the grandfather of the appellant is concerned and thus, realised rent from him and on receipt of which executed rent receipts in favour of Guna Ram Koiri. After coming into force of the Bihar Land Reforms Act, the Chhotanagpur Banking Association had filed a return under the Bihar Land Reforms Act showing Guna Ram Koiri as its raiyat. After the vesting of the lands with the State Government, a Jamabandi was created in favour of Guna Ram Koiri and his name was entered in Register II and rent was realised from the said Raiyal by the erstwhile State of Bihar. In the year 1956 57. Plot Nos. 285 and 286, Khata No. 69 measuring 69 decimals, were acquired for construction of Ramgarh Block. In exercise of their raiyati rights the heirs of late Guna Ram Koiri had also sold Plot Nos.182 and 183 of Khata No. 69 to one trader Singh and others through a registered Sale Deed dated 11-2-1965 they got their names mutated and entered in Register-II. Sometime in the year 1990, on the basis of a report of the Circle Amin, a proceeding being Misc. Case No. 2/1990-91 was initiated in respect of Khata Nos. 69 and 52 had been initiated which included the land in dispute. In the said proceeding notices were issued to the original respondent No. 5 namely Babulal Mahato (since deceased) pursuant to which he appeared and filed his objection and similarly. the appellant also appeared and the matter was contested, inter alia, with regard to the land in question also. The Circle Officer, by an order dated 6-10-1990 held that the Jamabandi opened and running in the name of the appellant did not require any reconsideration and thus, ordered that the same should be continued and Consequently, directed the matter to be placed before the Land Reforms Deputy Collector, who in terms of order dated .12 3-1991 dropped the proceedings of Misc. Case/No.2/1990-91. The orders passed in aforesaid Misc. Case No. 2/1990 91 were never Challenged and, thus, the same attained finality. After a lapse of almost 10 years, the original respondent No. 5 Babulal Mahato (since deceased), filed an application on 25-5 2000 before the Circle Officer. Ramgarh praying for assessment of rent in respect of the disputed lands referred to hereinbefore, which was registered as Rent Assessment Case No. 3/2000 01. Upon notice, the appellant appeared and hied his show cause reiterating as to how he has acquired the right and title over the disputed lands.