R.R.PRASAD, J. - (1.) THE grievance, which has been raised in this application, is that the part of the land to the extent of 82 decimals, out of 2.13 acres of Plot No.354 and also part of the land measuring 16 decimals, out of 33 decimals of Plot No.660, though belonging to the petitioner is being handed over by the State Government to Maithan Power Limited, on whose behalf other lands are being acquired, under the Land Acquisition Act, for the construction of the railway line, without taking recourse of acquisition and payment of the compensation to the petitioner. Case of the petitioner is that Deochand Bhagat, the Grand Father of the petitioner, who and other co -sharers were the Khewatdars of the land, appertaining to Mouza No.106 Khata No.41, Plot No.354 measuring an area 2.13 acres and also to the land appertaining to Mouza No.106, Khata No.41, Plot No.660 measuring an area 33 decimals, situated at village Pakthoria. The rent of the aforesaid Gair Awad Malik Land was fixed in the name of Deochand Bhagat under Sections 5, 6 and 7 of the Bihar Land Reforms Act vide Case No.2543/57 -58. Subsequently, on the basis of M form, Jamabandi No.7 was created in the name of Deochand Bhagat in the year 1961 and since then rent is being paid.
(2.) FURTHER case is that during survey of the land of the district Dhanbad, the land in question was recorded as Government Land and hence, a case was filed under Section 89 of the C.N.T. Act, wherein an order was passed on 31.01.1997, for recording the name of Deochand Bhagat against the land, appertaining to Plot Nos.354 and 660.
(3.) SUBSEQUENTLY , the Circle Officer, vide its report (Annexure -9), made recommendation for giving "Land Owner Certificate" as the land in question, is recorded in Jamabandi No.7 of Register No.2 in the name Deochand Bhagat against which, the rent is being paid. It is also the case that the rent was paid up to the year 2011 -12 and 2012 -13. In course of time, a Notification was issued under the Land Acquisition Act, for acquisition of the land of the said Mouza, but the lands of the aforesaid Plots were not included for the reason that the Government took it Gairmazarua land though it belongs to the petitioner and thereby, it was excluded from the said notification, for giving it without acquiring to Maithan Power Ltd. (respondent No.6), who under the joint venture with DVC and Tata Powers, would be constructing a railway line. Being aggrieved with that, this writ application has been filed. The case of the respondent No.6 -Chief Executive Officer and Land Acquisition Officer of Maithan Power Ltd., as has been made out in the counter affidavit as well as supplementary counter affidavit, is that the petitioner has claimed that the land in question belonged to Deochand Bhagat, the Grand Father of the petitioner and then it was devolved to late Motilal Bhagat (father of the petitioner), but thereafter, how the land has been devolved to the petitioner as his exclusive property, it has not been given and that whatever the documents, in support of the case, have been filed, those never relates to right, title and interest, rather those documents were either the orders passed by the Land Revenue Authority or the rent receipts issued in the name of the Deochand Bhagat and that the petitioner has himself came with the case that the land in the year 1996 was recorded as Government Land, which is still a Government Land and, therefore, when the Notification was issued under the Land Acquisition Act, the land in question was never included in the said notification as the land in question, belongs to the State Government and in that event, it can be said that the petitioner is intending to get the question of right, title and interest over the land in question adjudicated, which is beyond the scope of the writ jurisdiction.;