Allowed

Rajdeo Singh v. State of Jharkhand And Ors.

Jharkhand HC21 Jul 2022WPC/6306/2009

Case brief

AI extract

What is this about?

The High Court quashed an order declaring land public and petitions zamindari documents forged, allowing the writ petition and directing the Deputy Commissioner to issue rent receipts pending a competent court's final declaration on the title.

What did the court decide?

Writ petition allowed; impugned order quashed; Deputy Commissioner directed to grant rent receipts until competent court declaration.

Rajdeo Singh Vs State of Jharkhand And Ors. — Land Acquisition | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI [Civil Writ Jurisdiction] W.P.(C ) No. 6306 of 2009

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Rajdeo Singh

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Versus

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The State of Jharkhand & Ors.

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.... .. ... Petitioner .. ... ... Respondents

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CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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For the Petitioner : Mr. Rajeeva Sharma, Sr. Advocate Mr. Om Prakash, Advocate For the respondents-State : Mr. Prashant Kumar Rai, AC to SC (L&C)-I For the pvt. Respondents : Mr. Umesh Kr. Choubey, Advocate

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12/ 21.07.2022 .

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Heard, learned counsel for the parties.

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Learned Sr. counsel, Mr. Rajeeva Sharma assisted by learned counsel, Mr. Om Prakash on the instruction of learned counsel for the petitioner, Mrs. Rita Kumari has submitted, that petitioner Rajdeo Singh has preferred this writ petition for quashing the order dated 23.10.2009 (Annexure-11) passed by respondentAdditional Collector, Hazaribagh in M.A.N. No.6 of 2008, whereby he has been pleased to set aside the order dated 21.07.2008, passed by respondent, Lands Reform Deputy Collector, Hazaribagh in Case No.16/2008-09 holding that Hukumnama and Return are forged and declared the land in question, as public land after canceling the petitioner's mutation and directing respondent Anchal Adhikari, Keredari, to keep watch over the lands in question attentively, so that the same could not be encroached by anyone and further directed him to circulate about the same publicly in the village.

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Learned Sr. counsel, Mr. Rajeeva Sharma has further submitted that Circle Officer, Keredari has recommended for cancellation of jamabandi of the petitioner with respect to land of Village- Patrakala, Khata No.31 and 149, Plot Nos.1229, rakwa 0.31 acre and Plot No.1228, rakwa 0.41 acres and Plot No.1219, rakwa 0.90 acres, total rakwa 1.62 acres and thus the record was placed before the Land Reforms Deputy Collector, who in terms of order dated 21.07.2008 has recorded that in the returned submitted by Jamindar name of the petitioner's father has been recorded, which has also been mentioned in the ordersheet of the Circle Officer, Keredari and the rent is being paid by the petitioner since 1952-53 to 2003-04 for which the rent receipt has been issued by the State and thus directed the Circle Officer, Keredari to issue rent receipt to the petitioner.

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The said order was challenged by the respondent- Vishwanath Mahto and others, before the Court of Additional Collector, Hazaribagh, who after hearing the

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-2-

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parties, declared the land to be a public land and directed the Circle Officer, Keredari to protect the land.

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Learned Sr. counsel, Mr. Rajeeva Sharma has further submitted that jamabandi has been created in favour of the petitioner with respect to a Gair Mazaruwa Khas Land. The State cannot cancel the long standing jamabandi without taking any recourse before the competent court of Civil Jurisdiction, as such, impugned order passed by the Additional Collector, Hazaribagh declaring Hukumnama and Return to be forged is also bad in law.

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Learned counsel for the respondents-State, Mr. Prashant Kumar Rai, AC to SC (L&C)-I and learned counsel for the private-respondents, Mr. Umesh Kr. Choubey have no objection, if the order passed by the Additional Collector, Hazaribagh, dated 23.10.2009 in M.A.N. No.6 of 2008 set aside.

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After hearing, learned counsel for the parties, looking into the facts and circumstances of the case, the impugned order dated 23.10.2009 (Annexure-11) passed by Additional Collector, Hazaribagh in M.A.N. No.6 of 2008 is hereby quashed.

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Accordingly, the instant writ petition is allowed.

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The Deputy Commissioner, Hazaribagh is directed to look into the matter and shall grant rent receipt to the petitioner or his legal heirs until such declaration is passed by competent court of law.

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(Kailash Prasad Deo, J.)

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R.S.

Rajdeo Singh v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Rajdeo Singh v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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