- (1.) AS prayed, three weeks' time is allowed to the learned counsel for the respondents to filed counter affidavit.
(2.) PUT up this case on 31st July, 2012. In the meantime, learned counsel for the petitioner has prayed for grant of ad interim relief by way of impugned order Jamabandi is ordered to be cancelled and the said order has been passed without issuance of service or any show cause notice to the petitioner. Learned counsel for the petitioners has referred to and relied upon para 5 of the writ petition, which is as follows;
(3.) THE the case of the petitioner in brief is that the the Deputy Commissioner Garhwa and Additional Collector Garhwa cancelled the Jamabandi Standing in the name of petitioners in respect of lands of Khata No. 163 Plot No. 1836 area 0.73 acre and 0.25 acre and lands of Khata No. 157 Plot No. 2005 area 1.07 acre Plot No. 1906 area 0.05 acre vide Mutation case no. 735/2005-06 and land of Khata No. 163 Plot No. 1836 area 2.52 acre vide Mutation case No. 736/2005-06, land of Khata No. 163 Plot No. 1836 area 2.52 acre vide Mutation Case No. 737/2005-06 and land of Khata No. 157 Plot No. 2005 area 0.50 acre and lands of Khata No. 163 Plot No. 1836 area 1 acre vide mutation case No. 740/2005-06, all of village Kalayanpur, P.S. and District- Garhwa on the recommendation of Circle Officer, Garhwa, the then LRDC Garhwa and S.D.O. Garhwa without serving any notice and hearing the petitioners. The said land stood recorded as Bakast Maalik Land of the then Jamindar Sri Guru Prasad Singh of Village Kalayanpur. The Jamindar Settled the aforesaid land along with some other Land of Khata No. 157 and 163 with Srimati Shyama Devi on 3rd Bhado 1353 Fasli corresponding to 1946 A.D. On rental of Ruprees 30 per annum which was subsequently reduced to Rupees 12 per annum on the request of Shyama Devi. At the time of vesting Jamindari the outgoing land lord submitted return in Form 3(M) in the name of Smt. Shyama Devi w/o Awadhesh Kishore Lal in respect of these settled lands.;