MOST BISHUN ORAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India wherein order passed by the Commissioner, South Chhotanagpur Division, Ranchi in Ranchi Misc. Revenue Appeal No.84 of 2010 is under challenge by which the appeal preferred by the petitioner against the Jamabandi Cancellation Case No.12/2001-02/T.R.19/2001-02, by which the Jamabandi running in the name of Tale Bhagat with respect to land appertaining to Khata No.336, Plot No.2155, Area-0.47 acre of Village Bero, P.S. No.76, District Ranchi, is under challenge, whereby and whereunder instead of settling the land to the extent of 0.6 acres of land has been settled in favour of the petitioner while the aforesaid land was in possession and interest of the predecessor/petitioner since long.

(2.) It is further case of the petitioner that the aforesaid land of 0.47 acres had been settled in favour of one Shri Tale Bhagat, son of Jhirga Bhagat in the year 1985 but the settlement made in his favour has been cancelled when it was found by the revenue authorities that the said Tale Bhagat is not utilizing the land. After cancellation of the settlement made in favour of the said Tale Bhagat, the part of the aforesaid land to the extent of 0.6 acres have been settled in favour of the petitioner.

(3.) The petitioner's grievance is that when the land had been settled in favour of the said Tale Bhagat, the entire area of land ought to have settled in favour of the petitioner but having not done so the authorities have acted in arbitrary and illegal manner, therefore, the instant writ petition has been filed.