GANDHURI TURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sandeep Verma, learned counsel appearing for the petitioner and Mr. Manoj Kumar No.3, learned S.C. (Mines)-II appearing for the respondent-State.

(2.) The petitioner has preferred this writ petition for quashing the order dated 14.05.2015 passed by respondent no.4 and order dated 04.06.2015 passed by respondent no.3 and respondent no.2 in Raiyati Manyata Record No. 12 of 2014-15 and also for directing respondent nos. 2, 3 and 4 to recognize that the petitioner has also raiyati right upon plot no. 486 of khata no. 49/161, area 0.11 acre, situated at Mouza- Isri, Thana No. 100 in the district of Giridih.

(3.) The case of the petitioner is that the land appertaining to plot no. 486 under khata no. 49/161, area 6.53 acres, situated at Mouza- Isri was recorded as Gairmajarua khas and was settled in the name of the petitioner's ancestor and after transfer of the land, the jamabandi was created in the name of the petitioner's ancestor at page no. 118, volume no.2 in Register-II and they were paying rent to the State and the State authority also used to issue rent receipts in their favour. In paragraph 5 of the writ petition, some of the rent receipt numbers and date of issuance of receipts are mentioned. Out of the aforesaid land, 2.46 acres of land was acquired for National Highway and as there was need to obtain raiyati right with respect to the said acquired land to enable the petitioner for claiming compensation, the petitioner had applied for the same and record no. 3 of 2001-03 was registered by the Circle Officer, Dumri for inquiry. After inquiry by the Halka Karamchari, the Circle Officer, Dumri had recommended to the Land Reforms Deputy Collector, Giridih for giving raiyati right/manyata to the petitioner for the aforesaid plot in question. The Land Reforms Deputy Collector, Giridih had also recommended to the Sub-Divisional Officer, Giridih for giving raiyati right to the petitioner vide order dated 05.05.2003. The Sub-Divisional Officer, Giridih vide order dated 23.05.2003 also recommended for giving raiyati right to the petitioner and pursuant thereto the Deputy Commissioner, Giridih and Additional Collector, Giridih vide order dated 02.09.2003 had given raiyati right to the petitioner in Case no. 03 of 2001-02. The said order is annexed at Annexure-1 to this writ petition.