AMIT KUMAR BURNWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India for quashing of the order dated 20th December, 2014, passed by the Circle Officer, Govindpur in Misc. Case No. 5/2014-15 by which the Jamabandi (mutation) opened and running in favour of the petitioners has been cancelled without any opportunity of hearing given to them with a further direction upon the concerned respondents to restore Jamabandi (mutation) in favour of the petitioners.

(2.) The factual background of this case is that the land in question was in possession of one Ozi Mian and others and accordingly, was recorded in the Cadestral Survey Record of Rights. The successor in interest of the recorded tenants by different sale deeds executed on different dates in the year 1961, sold and transferred the aforesaid lands to Smt. Shakuntala Devi Almal (since deceased) wife of Late Gauri Shankar Almal. The successor in interest of the recorded tenant of Khata No. 7 of Mouza Sushnilewa, Mouza No. 88 sold and transferred 63 decimals of land by a registered sale deed in favour of the said Shakuntala Devi Almal, wife of Late Gauri Shankar Almal in the year 1963 and after purchasing, got her name recorded in the Circle Office under Thoka No. 380 and started paying rent to the State Government in token whereof rent receipts were issued, whereafter Shakuntala Devi Almal left for Kolkata and in order to manage the landed property, she has executed a registered general power of attorney being Deed No. 40 of 2001, registered at Kolkata in favour of Sri. Basudeo Prasad Saw and Sri. Kalyan Sarkar empowering them, inter alia, to sale and transfer the aforementioned land and execute registered sale deed on her behalf. The said power of attorney holder vide Registered sale deed No. 4118, dated 27.08.2011 sold and transferred 2.47 decimals from Plot No. 279 and 280 of Khata No. 2 within new Plot Nos. 2 and 6 in favour of one Champa Devi and she came in possession of the property, purchased by her. Similarly the power of attorney holders, named above, vide Registered Sale Deed No. 4405, dated 31.08.2001 sold and transferred certain land in favour of one Smt. Champa Devi and the said Champa Devi vide Registered Sale Deed dated 22.02.2008, sold part of the land in favour of Shri Ajit Kumar Gupta and Shri Vinod Kumar Gupta, who vide Registered Sale Deed dated 26.11.2008 had sold out the property in favour of the petitioners and in consequence thereof, they have come in possession of the land and also started making payment of rent after making necessary correction in the Register II, but, all of a sudden, a proceeding has been initiated for cancellation of mutation on the basis of an application made by one Mani Shankar Almal, taking the plea that his ancestors/predecessors had not sold the land under the aforesaid Khatas and in pursuance thereto, the Circle Officer has passed an order cancelling the mutation by passing an order to restore it, against which the present writ petition has been filed, mainly on the ground that before passing such order, the Circle Officer, Govindpur has not provided an opportunity of hearing to the petitioners.

(3.) The matter has been heard on several occasions by this Court and the State has been directed to file counter affidavit in terms thereof, the counter affidavit has been filed, the plea of availability of alternative remedy alongwith the denial of the factual aspects have been agitated.