LEKHO PRASAD Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In both the petitions the petitioner has challenged the common order dated 9-1-2013 whereby the Jamabandi Nos. 35, 78 and 94 running in the name of the father of the petitioner has been cancelled and a direction has been issued for eviction of the petitioner from the property in question.

(2.) The brief facts of the case are that, the father of the petitioner was granted a Hukumnama dated 04-04-1943 by the ex-landlord and the property in question was settled in his favour. Thereafter, the petitioner came in peaceful possession of the suit land and exercised his right, title and interest upon the said land. A proceeding being Land Encroachment No. 28/(iii) 64-65 was initiated and Jamabandi was created in the name of the father of the petitioner. Since, the said land was wrongly recorded in the name of the State of Jharkhand and M/s. BCCL, the petitioner filed applications under Section 87 of the C.N.T. Act being Case No. 386 of 2009 and Case No. 388 of 2009, in which vide order dated 23.03.2011 and 14.07.2012 respectively the name of the father of the petitioner has been ordered to be entered/recorded. In the said proceeding the respondents appeared and filed their written statement and no appeal has been preferred by the respondents against orders dated 23.03.2011 and 14-07-2012 and therefore, those orders have become final and the respondents would be bound by the orders passed in Case No. 386 of 2009 and Case No. 388 of 2009 under Section 87 of the C.N.T. Act. The Jamabandi running in the name of the father of the petitioner has been cancelled by an authority who has no jurisdiction and the impugned order dated 09.01.2013 is arbitrary and illegal. Under the provisions of the Bihar Tenants Holdings (Maintenance of Records) Act, 1973, the Deputy Commissioner is the Revisional Authority and after Jamabandi was created in the name of the father of the petitioner, no appeal or revision was preferred by the respondents and therefore, no proceeding under the Bihar Tenants Holdings (Maintenance of Records) Act, 1973 would have been initiated.

(3.) A counter-affidavit has been filed on behalf of respondent Nos. 2 and 3 in both the writ petitions stating that order dated 14.07.2012 in C.N.T. Suit No. 388 of 2009 would disclose that land comprised in C.S. Khata No. 38 is recorded as Gair-Abad Malik Khata belonging to the State. In the Suit, a prayer was made for correction in Mauza Pandedih, Mauza No. 270 appertaining to R. S. Khata No. 77, R. S. Plot No. 58 admeasuring 1.65 acres which was recorded in the name of M/s. Bharat Coking Coal Limited whereas, writ petition being W.P.(C) No. 1231 of 2013 relates to C.S. Khata No. 38, Plot No. 41 under Jamabandi No. 77. Thus, the subject-matter in C.N.T. Case No. 388 of 2009 was different. Similarly, subject-matter in Case No. 386 of 2009 was also different. In view of the reports obtained in the matter it was found that Jamabandi of Gair-Abad Malik land was illegally created in the name of private persons and therefore, it was ordered that the delinquent Halka Karamchari should be identified for conducting a departmental proceeding against him. In view of the Government letter No. 914 dated 09.12.1998, the illegal creation of Jamabandi Nos. 35, 78, 94 etc. have been cancelled by the Circle Officer vide Memo dated 31.05.2013.