- (1.) HEARD Mr. Rajesh Kumar, learned counsel appearing for the petitioner and Mr. G.P. II for the State.
(2.) THE prayer of the petitioner in this writ application is for quashing of the order as contained in Annexures 6, 7 and 8 i.e. the order dated 2.12.1998 passed by the L.R.D.C., Hazaribagh, the order dated 24.1.1997 passed by the deputy Commissioner, Hazaribagh against the order of the L.R.D.C., Hazaribagh and the order dated 9.6.1997 passed by the Commissioner, North Chhotanagpur Division, Hazaribagh in Revision against the appellate order of the Additional Collector. The facts of the matter in short is that the wife of the petitioner Shrimati Sulochana Devi filed an application before the Circle Officer, Churchu in the district of Hazaribagh with a prayer for fixing rent in her name with regard to several plots of Khata Nos. 80 and 81, total area of 25 and odd acres, solely on the basis of the judgment of the High Court in Criminal Revision arising out of a proceeding under Section 145 Cr PC between one Satyanarayan Singh and the petitioner and others. The claim of the petitioner is that he is coming in possession of the lands in question since long and, therefore, the rent be fixed in his name for the lands in question. From the order as contained in Annexure 6, passed by the Land Reforms Deputy Collector, Sadar Hazaribagh, it appears that the land of Khata No. 81 is recorded as 'Gair Mazarua Khas ' and the lands of Khata No. 80 has been recorded as 'Jangal Jhari '. The learned L.R.D.C, Hazaribagh hold that the order passed in a proceeding under Section 145, Cr PC was in between Satya Narayan Singh and Krishna Vallabh Singh and in the said proceeding under Section 145, Cr PC the State was not a party and, therefore, it was not binding on the State.
(3.) IT was further held that the applicant have no valid or genuine claim and she was not in physical possession of the lands, since it is a 'Jangal Jhari and Parti land and thereby the petition/prayer of the applicant for fixing the rent with regard to the lands in question was rejected.;