MD.SUDDIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder order dated 17.04.2017 passed by respondent no. 2 in Misc. Revision Case No. 27/2015 by which long running Jamabandi standing in the names of the petitioner and the proforma respondents measuring an area of 7.28 ¼/7.50 acres appertaining to Khata No. 13 Plot No. 571 village Palmo, District-Giridih has been directed to be cancelled.

(2.) Petitioner's are claiming their title over the land in question by the verbal permission of Khewatdars, which was recorded as Gair Mazarua Khas Land in the record of right, which is exclusive possession in the name of the petitioner and his brothers.

(3.) It is further case of the petitioner that after vesting of Jamindari, the ex-landlord submitted his return of Khewat No. 6 to the Government of Bihar through Anchal Adhikari, Tisri vide Compensation Case No. 132/1955-56 showing therein that the area has been settled in the name of Alijan Mian and others. After vesting, the petitioners are making payment and in lieu thereof rent receipts are being issued in their favour but a dispute has been raised with respect to the creation of Jamabandi made in favour of the petitioner and others in pursuance thereto a regular proceeding has been initiated. The petitioner has participated in the proceeding and has submitted the documents for its consideration.