UJJAL KANTI BANERJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petitions have been filed for quashing the notices dated 04.01.2006 issued under the seal and signature of the respondent no. 4 purported to be the notices under Section 3 of the Jharkhand Public Land Encroachment Act, 2000 (in short to be referred as "the Act") by reasons of which the petitioners were asked to appear and show cause as to why the alleged encroachment over the plots in question should not be removed. The petitioners have also prayed for quashing of the orders dated 18.03.2006 passed under Section 5(i)(c) of the Act by reasons of which the respondent no. 3 has held that the plots in question belong to the Government and the petitioners have encroached the said plots and has further proceeded in terms with Section 6(2) of the Act. It has also been prayed inter alia for quashing the notices under Section 6(2) of the Act issued under the seal and signature of the respondent no. 4 dated 18.03.2006 by reasons of which the respondent no. 4 has directed the petitioners to remove the encroachment over the plots in question and has further held that in case of disobedience, the petitioners shall be prosecuted under Section 188 of the Indian Penal Code.

(2.) The factual background of the case as transpires from these writ petitions are that the lands situated under R.S. Khata No. 87, Khewat No. 2, Village Bargawan, P.S.Namkum (previously Ranchi) was a gairmazurwa malik khata of landlord Janki Prasad Sahu and Hari Charan Sahu, both sons of late Ram Lal Sahu. The plot nos. 4, 5 and 6 under Khata No. 87 comprised of 5.63 acres, 41 acres and 2.03 acres respectively, thus, the total area under the aforesaid three plots was 48.66 acres. Said Hari Charan Sahu and Janki Prasad Sahu were in joint possession over the aforesaid lands. However, Hari Charan Sahu filed a partition suit being Partition Suit No. 34 of 1939 against Janki Prasad Sahu, wherein he claimed decree of partition for various properties including the plot nos. 4, 5 and 6 of Khata No. 87 of village Bargawan. A compromise decree was passed, in terms of which plot nos. 4, 5 and 6 were exclusively allotted to Hari Charan Sahu, who came in peaceful possession over the said plots of land. While being in exclusive possession over the plot nos. 4, 5 and 6 of Khata No. 87, Hari Charan Sahu settled different portions of these lands to different individuals.

(3.) The learned counsel for the petitioners submits that in so far as W.P.(C) No. 2438 of 2006 is concerned, Hari Charan Sahu settled various land under Plot No. 5 in favour of one Sarju Prasad by a registered deed of settlement dated 26.11.1953. Name of Sarju Prasad was entered in Form while the Zamindar submitted his return under the Bihar Land Reforms Act, 1950. Sarju Prasad, thereafter, transferred 4-1/2; kathas of land to Ram Swaroop Sharma by a registered deed on 30.11.1965. Ram Swaroop Sharma transferred the said land to the father of the petitioner vide registered deed of sale dated 05.01.1972. The father of the petitioner got his name mutated in the revenue records vide Mutation Case No. 7 R 27 of 1984-85 by order dated 11.06.1984 and, thereafter, paid rent to the State Government against which rent receipts have been issued. The petitioner has been in continuous and uninterrupted possession through his predecessor in title.