M.Y.EQBAL,J. - (1.) THIS writ application is directed against the order dated 3 -6 -2002 and the order dated 2 -7 -2002 passed by the Deputy Commissioner and the Commissioner, Sought Chotanagpur Division, Ranchi, whereby proceeding for cancellation of settlement of land in question has been decided against the petitioner.
(2.) PETITIONER 's case is that one Jagdish Prasanna Nath Sahadeo was the recorded Khewatdar of lands of Khata No. 119 and Khata No. 113 of Village -Bazra, P.S. Ranchi now Sukhdeo Nagar. The said landlord settled 22.75 acres of land comprised within R.S. Plot No. 226 under Khata No. 119 and 9.18 acres comprised within R.S. Plot No. 228 of Khata No. 113 in favour of Ishwar Dayal Singh by delivery possession followed by a Hukumnama dated 2 -2 -1952. The said Ishwar Dayal Singh said to have paid rent to the ex -landlord who after vesting of the ex -ntermediary interest under the Provisions of Bihar Land Reforms Act, 1950, filed return in which Ishwar Dayal Singh was shown settlee in respect of the land so settled with him. It is contended that Jamabandi was created in favour of Ishwar Dayal Singh and demand was opened in his name and his name was duly entered in tenant ledger (Annexure -II). The said Ishwar Dayal Singh sold various portion of lands in favour of the petitioner -society for the purpose of construction of residential building for the members of the society. Petitioner -society altogether purchased 31.91 acres of land of R.S. Plot No. 226 of Khata No. 119 and R.S. Plot No. 228 of Khata No. 113 and on the basis of said purchase got its name mutated before the Circle Officer, Ranchi vide Mutation Case No. 1067 R 27/83 -84. Petitioner's case is that the Circle Officer suo motu initiated a proceeding against the petitioner/vendor Ishwar Dayal Singh for cancellation of Jamabandi, which was registered as Miscellaneous Case No. 30/1993 -94. Petitioner came to know about the said proceeding, appeared before the Land Reforms Deputy Collector and submitted document showing purchase and mutation. The file of the cancellation proceeding from one table to another and ultimately the Deputy Commissioner passed the impugned order dated 3 -6 -2002 and directed for cancellation of settlement under Section 4(h) of the Bihar Lands Reforms Act, 1950. The said order was affirmed by the Commissioner, South Chotanagpur Division Ranchi on an appeal being preferred by the petitioner.
(3.) RESPONDENTS filed counter -affidavit wherein it is stated that the land of Khata No. 119 Plot No. 226 and 228 stands recorded as Gairmazarua Malik land in the Revisional Survey Record of right. The demand of the land was running in favour of the petitioner Mithila Grih Nirman Sahyog Samitee on the basis of Mutation case No. 1067 R 27/83 -84 and Mutation Case No. 228 R, 27/1984 -85. It is stated that the proceeding under Section 4(h) of the Bihar Land Reforms Act was initiated against Ishwar Dayal Singh for cancellation of Jamabandi who acquired land by Sada Hukumnama from the ex -landlord and as such the Circle Officer forwarded the above case record to the Deputy Commissioner, Ranchi for cancellation of Jamabandi. The Deputy Commissioner heard the parties and held that transfer of the land by settlee in favour of the society was done for the purpose of defeating provisions of the Land Reforms Act. Consequently the Deputy Commissioner passed the order of annulment of transfer of land in question, which is perfectly legal and valid.;