- (1.) HEARD counsel for the parties. The petitioners have made two prayers, one for directing the respondents to issue rent receipts forthwith to the petitioners in respect of an area of 3.32 acres of land under Khata No. 84, Plot No. 171, Thana No. 85 in the village Kaitha, District Ramgarh, which according to him, has devolved upon him through Shikhu Mahto on the basis of Sada Hukumnama executed by the erstwhile landlord. The petitioners have also made a prayer for grant of compensation in lieu of the land acquired by the respondents for construction of National Highway No. 33.
(2.) IT is the case of the petitioner that the ex landlord had settled 3.32 Acres of land of the said description in favour of Shikhu Mahto through Hukumnama in the year 1924 -1925. The land was recorded as Gair Majarua Khas in the revisional survey records. The ancestor of the petitioners and petitioners themselves also have continued in continuous possession of the said land. Even the rent for the same was assessed and paid to the Government of Bihar after the death of their ancestor till the year 1984, for which they have annexed Annexure 3. However, since 1984, according to the petitioners, the rent receipts have been stopped without any rhyme or reason by the Circle Officer, Ramgarh. Counsel for the petitioners also submits that the said lands have been acquired on the basis of a notice issued by the Circle Officer, Ramgarh on 07.06.2010 asking the general public to raise objections and submit relevant documents for the claim of compensation. The petitioners also made a representation before the respondent no. 4 Circle Officer, Ramgarh, which has not been responded to that is why they have come before this Court. The respondents in their counter affidavit have stated that the petitioners are claiming ownership of the land, which is recorded as Gairmajarua Khas Kism Parti Kadim in cadastral survey khatian on the basis of unregistered Hukumnama said to be executed by the erstwhile landlord. After coming into force of the Bihar Land Reforms Act , the land has been vested in the State of Bihar now Jharkhand, which was never settled to the petitioners and the respondents have also disputed the issuance of rent receipts as being forged and fabricated. The said land is being transferred to the National Highway Authority of India for construction of Bye pass and N.H. 33, for which notices have been issued.
(3.) BY way of supplementary affidavit filed on 3.10.2012, the petitioners have relied upon a resolution of the the Land Revenue and Reforms Department, Government of Jharkhand dated 14.05.2009 to submit that after creation of the State of Jharkhand, by a considered resolution, the State Government has also decided to ensure that compensation for land acquired by any public sector undertaking of the Central Government also be paid to such persons in whose favour the possessions have been showed for 30 years and Jamabandi has also continued for so long, equivalent to the compensation paid to the Raiyats.;