BHUNESHWAR PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has prayed for quashing the order dated 8.9.2009 passed by the Sub-Divisional Officer, Birani, Giridih in Misc. Case No. 16/04-05/LR 289/05-06/163/07-08, whereby learned Sub-Divisional Officer has directed for correcting the entry in the Zamabandi and Register-II in the name of Shri Shri 108 Thakur Ji Maharaj at page No. 176 of Volume-I of Register-II of Birani Anchal. According to the petitioner, his name was entered long back in Register-II. By the impugned order learned Sub-Divisional Officer, Giridih has directed to remove his name from the Zamabandi. The order amounts to cancellation of long running Zamabandi and is illegal and without jurisdiction.

(2.) The respondents have opposed the writ petition by filing counter affidavit. In the counter affidavit it has been stated, inter alia, that some of the villagers of Villages-Simradhab and Palounjia, P.S.-Birani, District-Gindih had donated their lands measuring an area of 20 acres of Khata No. 57 of Village-Simradhab to Lord Shri Shri Thakur Jee of Thakurbari of village-Palounjia for regular Puja and Bhog of Thakurjee and for maintenance of the temple. Since thereafter, Shri Shri 108 Lord Thakur Jee is the absolute owner of the said donated land. Accordingly, Zamabandi was created in Register-II in the name of Shri Shri 108 Thakur Jee. The petitioner, who happens to be the Pujari, illegally and fraudulently managed to get his name introduced in Register-II in collusion with the then Halka Karamchari in order to claim personal right over the said property of Shri Shri Thakur Jee. When it was detected by some of the villagers, they protested by filing application before the Anchal Adhikari, Birani. The matter was inquired into and on detection of the same, the impugned order has been passed restoring the original entry by removing the petitioner's name from the record.

(3.) It has been submitted that the interpolation made in the record has been corrected by the impugned order after giving notice and opportunity of hearing to the petitioner. The petitioner could not bring on record any supporting document to justify insertion of his name in Register-II.