MD SHAMIM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is for issuance of direction upon the respondents to rectify the Register-II, Part-1, Page No.174, Anchal Nagari, Holding No.69/3, Khata No.174, Plot No.428, the land which has been purchased by the grandfather of the petitioner on 26.02.1944 from one Bajrang Sahay, thereafter the necessary correction has been made in the Register-II in the name of the ancestor of the petitioner and regular rent receipt has been issued in the name of his grandfather till date but after implementing the system of managing record through online mode, the petitioner came to know that 49 decimal of land appeared in the name of one Somara Oraon in Register-II although 98 decimal rent receipt regularly issued in the name of his grandfather and further in the Register-II pertaining to Mouza Piska, P.S. Nagari, P.S. No.123, Khata No.72, Plot No.428 Area 98 decimals.

(2.) The petitioner has made due application before the Circle Officer for making necessary correction in the online mode but he came to know from a document annexed as Annexure-A to the counter affidavit dated 23.11.2017 passed by Circle Officer, Nagari, Ranchi holding therein that although the land is in possession of the predecessor in interest of the petitioner namely, Sheikh Gafur, but there is discrepancy in the entry recorded in the old and new Register-II, therefore, he has come to the finding that the matter pertains to declaration of right and title and hence, the petitioner is at liberty to approach before the competent Court of Civil jurisdiction and accordingly, the proceeding has been closed.

(3.) Learned AC to GP IV has submitted that the petitioner is having the alternative forum available for challenging the aforesaid order before the D.C.L.R., therefore the writ petition may not be entertained at this stage since some factual dispute is involved.