Syed Shah Aftab Ahmad Vs State Of Jhakrhand And Ors.

07 / 02.02.2024 Petitioner has filed this application for issuance of appropriate writ (s) and for declaring that Sandehatmak Case No. 02/2013-14 pending before the Circle Officer, Kanhachatti and Suspected Case No. 46 / 2013 pending before the Land Reforms Deputy Collector, is illegal and without jurisdiction and is liable to be quashed. It has been further prayed that the Respondents may be restrained from interfering with the possession of the land of the petitioner appertaining to Plot No (s). 408, 414, 416, 417 and 169 of Khewat No. 1 and Plot No. (s) 19, 418, 420 (portion) and 468 of Khata No. 92 on which cattle fair is held on the occasion of Basant Panchmi every year.

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Case of the petitioner is that one Sharfuddin Khan of village Hamzapur, District Gaya had taken settlement of the aforesaid land in the year 1942 from the Ex-landlord Babu Mustaque Ali Khan and used to hold cattle fair every year on the occasion of Basant Panchmi. In the year 1955, when the Jamindari vested, the learned Sub Divisional Officer, Chatra auctioned the aforesaid land with one Md. Ishaque of Chatra, for which Sharfuddin Khan filed Title Suit no. 04/2015 of 1955-56 in the Court of 2^nd Subordinate Judge, Hazaribag in which Deputy Commissioner, Chatra was also made party. The Title Suit was decreed in favour of Sharfuddin Khan and the learned court below restrained the Deputy Commissioner, Chatra from interfering with the possession of the petitioner and directed that the petitioner is entitled to collect toll from the Mela and no other entity shall collect toll from the Mela.

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The State Government did not contest the judgment and decree of the Civil Court passed in Title Suit No. 4/2015 of 1955-56 and as such, the judgment and decree passed in Title Suit No. 4/2015 of 1955-56 has attained finality. Subsequently, Sandehatmak Case No. 100 of 1996-97 / 87 of 1998-99

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were initiated in the court of Sub Divisional Officer, Chatra for cancellation of mutation of Sharfuddin Khan over the aforesaid land.

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It appears that vide order dated 19.01.2004 (Annexure-9(A)), Sub Divisional Officer, Chatra regularized the mutation of the Sharfuddin Khan and few others. Now, after the aforesaid order was passed, two proceedings have been initiated by the State, i.e. Sandehatmak Case No. 2/13-14, which is pending before the Circle Officer, Kanhachatti and Suspected Case No. 46/2013 which is pending before the Land Reforms Deputy Collector, Chatra.

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Learned counsel appearing for the State submitted that in L.P.A. No. 45 / 2000 (R), learned Division Bench of High Court of Judicature at Patna, Ranchi Bench affirmed the title of the petitioner with a direction to the Deputy Commissioner, Chatra to demarcate the land of the petitioner as it was adjacent to the Government land.

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Learned counsel for the petitioner submitted that the land in question has not been demarcated. This fact has been conceded by Mr. Amrit Raj Kisku, learned A.C to G.A-V.

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As the right, title and interest of the predecessor-in-interest of the petitioner i.e. Sharfuddin Khan has been declared by the competent Civil Court which has attained finality and earlier Sandehatmak Case instituted resulted in favour of the predecessor-in-interest of the petitioner where mutation of the petitioner was regularized, no occasion arises to continue proceedings in Sandehatmak Case No. 2/2013 pending before the Respondent No. 4-Circle Officer, Kanhachatti Circle, Chatra and Suspected Case No. 46/2013 pending before the Land Reforms Deputy Collector, Chatra. Accordingly, proceedings of both these cases are quashed.

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This writ application is allowed.

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Syed Shah Aftab Ahmad v. State Of Jhakrhand And Ors.

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Syed Shah Aftab Ahmad v. State Of Jhakrhand And Ors.

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