ABDUL MAJID Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 01.02.2002 passed by the Sub-Divisional Officer, Ramgarh (respondent No.2) in Doubtful Zamabandi Case No. 16/2001-02 (Annexure-5 to the writ petition) whereby, the Zamabandi opened in the name of the petitioner has been cancelled and the Zamabandi opened in favour of Raghaw Prasad Gupta has been restored.

(2.) Heard the learned counsel for the parties and perused the materials placed on record.

(3.) The factual background of the case, as appears from the writ petition, is that the ancestors of the petitioner had acquired the land under Khata No.2, Plot Nos. 1305 and 1311, area 1.08 acres (hereinafter referred to as 'the said land') by virtue of "Hukumnama" executed by the erstwhile Zamindar. The ancestors of the petitioner, thereafter, paid rent for the said land to the Zamindar and after vesting, to the Government, till 1974-75. On the basis of the report of Halka Karamchari that the Zamabandi in favour of Seikh Pannu and Seikh Rajju (ancestors of the petitioner) has been illegally created, a proceeding being Case No. 27/95-96 was initiated and finally vide order dated 18.09.1995, the Circle Officer, Ramgarh held that the said land was outside the purview of Doubtful Zamabandi and further the Halka Karamchari was directed to issue rent receipt in favour of the petitioner and, accordingly, rent receipt was issued to the petitioner till 2002. Suddenly the respondent No.3 filed an application before the respondent No.2 challenging the Zamabandi running in the name of the petitioner and thereafter vide order of the respondent No.2, Doubtful Zamabandi Case No. 16/2001-02 was initiated and finally on 01.02.2002, the Zamabandi opened in the name of the petitioner was cancelled and a direction was issued to open a Zamabandi in favour of Raghaw Prasad Gupta (father of the respondent No.3), which gives rise to filing of the present writ petition.