NEPAL MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondent-authorities to show cause as to how and under what authority they are constructing the structures over the land of the petitioner appertaining to Khata No. 34, Plot No. 133, measuring an area of about 50 decimals, Village- Dardag, P.S-Ormanjhi, District-Ranchi without acquiring the same. Further prayer has been made for issuance of direction upon the respondent-authorities to forthwith refrain themselves from constructing any structure over the said land and to compensate the petitioner appropriately.

(2.) Learned counsel for the petitioner submits that the petitioner being the descendant of the recorded tenant was in peaceful possession of the land in question by paying rent and the rent receipts in lieu thereof were also issued for the years 2011-12 and 2012-13. The petitioner inquired under the Right to Information Act regarding the ownership of the plots under Khata No. 34 of Village-Dardag and on receipt of the said information, it came to light that there are total 59 plots situated under Khata No. 34 of the said village measuring total area of 25.81 acres recorded in the name of Budhu Mahto, Tulsi Mahto and Darbar Mahto having one share and Chutair Mahto having another share. A proceeding under Section 144 Cr.P.C was also initiated at the instance of the petitioner and other family members before the Sub-Divisional Magistrate, Ranchi being Misc. Case No. 283/2013, however, vide order dated 04.06.2013, the said proceeding was dropped on the ground that there is no apprehension of breach of peace over the said land. The grievance of the petitioner is that the government authorities have been making construction over the plot in question without his consent or acquiring it lawfully.

(3.) Learned counsel for the State submits that pursuant to the order dated 19.08.2014 passed by this Court, the respondent No.10 (the Circle Officer, Ormanjhi) has filed a counter affidavit stating inter alia that the matter was inquired by the concerned Revenue Karamchari as well as Anchal Amin. After making spot enquiry, the said revenue officials submitted a joint report to the Circle Officer, Ormanjhi which revealed that the water tanks were recently constructed over the land situated at Village-Dardag, Khata No. 34, Plot No. 133, having an area of 31 decimals; Plot No. 130, having an area of 05 decimals; Plot No. 131, having an area of 07 decimals; Plot No. 132, having an area of 08 decimals (total area of 51 decimals) by the Drinking Water and Sanitation Department, Government of Jharkhand, Ranchi. A copy of the enquiry report submitted by the concerned revenue Karamchari and the Anchal Amin along with a copy of the trace map have been annexed as Annexure-A series to the said counter affidavit. It has also been averred by the respondent No.10 that as per the revenue record, it appears that the land situated at Mouza- Dardag, P.S No. 33, Khata No. 34, Plot No. 133, having an area of 3.05 acres stands recorded in the names of Budhu Mahto and others in the Revisional Survey Record of Rights. The Jamabandi of Plot No. 133 and other plots measuring total area of 10.49 acres stands running in the names of Budhu Mahto, Tulsi Mahto and Darbar Mahto (all sons of Anandi Mahto) and Chutair Mahto (son of Sangram Mahto) in the Register-II. On enquiry, it was found that the land situated at Mouza-Dardag, P.S-Ormanjhi, Khata No. 34, Plot No. 133, having an area of 3.05 acres was orally gifted to the State Government by the ancestors of the petitioner long ago and since then the State Government has been coming in peaceful possession over the said land. It has been further averred that the land in question is known as 'Anchal Maidan'. The building of the Child Development Project (over an area of 15 decimals), the building of Panchyat Sachiwalay (over an area of 15 decimals), residential quarters of the Karamchari and others (over an area of about 50 decimals), a road (over an area of 03 decimals) and a F.C.I godown (over an area of 04 decimals) are situated over the land in question which were constructed long ago. The petitioner or his ancestors never objected to the said constructions nor claimed any compensation for the same. The remaining area of the land in question is vacant. In fact, the entire land of Plot No. 133 has been coming in possession of the State Government.