LALJI MAHTO AND ORS. Vs. STATE OF BIHAR THROUGH THE COMMISSIONER NORTH CHOTANAGPUR DIVISION AND ORS.
LAWS(JHAR)-2004-5-90
HIGH COURT OF JHARKHAND
Decided on May 20,2004

Lalji Mahto And Ors. Appellant
VERSUS
State Of Bihar Through The Commissioner North Chotanagpur Division And Ors. Respondents

JUDGEMENT

Tapen Sen, J. - (1.) THE petitioners in the instant case pray for issuance of a writ of certiorari for quashing the order dated 7.8.1992 (Annexure 5) of the respondent No. 3 which was passed on remand as per order dated 11.3.1992. By reason of the order dated 7.8.1992, the LRDC, Hazaribagh held that the lands in dispute were recorded in the names of the ancestors of the respondents Nos. 4 and 5. Consequently he passed an order directing the Circle Officer to ensure restoration of land in favour of the respondent Nos. 4 and 5.
(2.) THE petitioners further pray for issuance of a writ of certiorari for quashing the order dated 17.12.1993 (Annexure 7) passed in Land Reference Case No. 16/92 by which respondent No. 3 ordered the restoration of lands belonging to the petitioners in favour of the respondent Nos. 4 and 5. The petitioners also make a prayer for issuance of a writ of certiorari for quashing the order dated 14.8.1995 (Annexure 7) passed by the respondent No. 2 in RAN Case No. 5/95 rejecting the appeal filed by the petitioners under Section 215 of the Chotanagpur Tenancy Act. The petitioners also pray for quashing the entire proceedings in relation to restoration of lands filed by the respondent Nos. 4 and 5 being Case No. 136/1980/1/1990. Consequentially, the petitioners pray that a writ of mandamus be issued directing the respondents not to interfere with the rights of the petitioners.
(3.) THE facts pleaded in the instant writ petition are that lands mentioned herein -after and situated in village Kulhi under Khata No. 5 were recorded in the raiyati name of the ancestors of the respondent Nos. 4 and 5. These plots are stated in paragraph 4 of the writ petition in the following manner : _______________________________________________________________ Khata No. Village Plot No. Area _______________________________________________________________ 5 Kulhi 85 11 Decimals _______________________________________________________________ do do 763 16 Decimals _______________________________________________________________ do do 809 54 Decimals _______________________________________________________________ do do 810 04 Decimals _______________________________________________________________ do do 811 53 Decimals _______________________________________________________________ do do 133 20 Decimals _______________________________________________________________ Total 01.58 Acres _______________________________________________________________;


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