The Single Judge dismissed a writ petition filed by a petitioner seeking direction to stop the State from constructing a building on land he claimed through a 1984 settlement. The Court held the petitioner failed to prove possession and did not see reason to entertain the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2491 of 2018
Sanjay Kumar
… … Petitioner
Versus
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
----- For the Petitioner : Mr. Sumir Prasad, Advocate For the Respondents : Mr. Sharabil Ahmad,AC to SC (Mines)-I
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Order No. 05 Dated: 01.02.2021
The present writ petition is taken up today through Video conferencing.
The present writ petition has been filed for issuance of direction upon the respondents not to carry out construction of “Parha Bhawan” on the land appertaining to Khata No. 221, Khesra No. 616/473, measuring an area of 37 decimals situated at VillageGamhariya, District-Gumla, without lawfully acquiring the same and paying suitable compensation to the petitioner.
2. Heard the learned counsel for the parties and perused the materials available on record. According to the petitioner, he and his father are in possession of the aforesaid land which was settled by the State in favour of his father vide Case No. 453/1984 dated 25.05.1984. Despite the said fact, the respondents are forcefully making construction over the said land. The petitioner has filed representation before the respondent no. 6 – the Circle Officer, Gamhariya, Gumla in this regard on 23.02.2018, however, the same has not been responded. The petitioner has also informed the said fact to the police, however, no action has been taken restraining the respondents from making construction of “Parha Bhawan” over the said land.
3. A counter affidavit has been filed on behalf of the respondent nos. 3 and 6 stating inter alia that the land appertaining
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to R.S. Khata No. 256, Plot No. 473, measuring an area of 0.42 acre is recorded in the R.S. records of right as “Gair Majurua Malik” – “Parti Kadim”. Moreover, no jamabandi has been opened in favour of the petitioner or his father as per Register-II. It has also been averred in the counter affidavit that the said land is a government land and the petitioner or his father has never been in possession over the same. It has been denied that the said land was settled in favour of the petitioner’s father through Case No. 453/1984.
4. The petitioner has failed to show his possession over the land in question as according to the respondents, no jamabandi has ever been opened in favour of his father. The claim of the petitioner regarding settlement of the land in favour of his father vide Case No. 453/1984 has also been denied by the respondents in their counter affidavit.
5. On perusal of Annexure-A which is claimed to be a document of settlement in favour of the petitioner’s father, it is not clear as to by whose order, the alleged entry has been made in the khatiyan.
6. Hence, I see no reason to entertain the present writ petition. The same is accordingly dismissed.
7. The petitioner is, however, at liberty to take appropriate recourse in the matter before the competent court of civil jurisdiction.
(Rajesh Shankar, J.)
Manish
3 issues framed by the court
Whether the High Court should issue direction to restrain the State from constructing 'Parha Bhawan' on land claimed by the petitioner without lawful acquisition.
Whether the petitioner has successfully demonstrated lawful possession of the land through the alleged 1984 settlement.
Whether the petitioner failed to substantiate possession claims despite allegations of denied admissions and lack of jamabandi.
Sanjay Kumar
State of Jharkhand
Secretary, Urban Development Department, Ranchi
Deputy Commissioner, Gumla
Deputy Development Commissioner, Gumla
Block Development Officer, Gamhariya, Gumla
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court