- (1.) THE petitioner claiming himself to be a lecturer in a local college having experience in social work and having concern for interest of public at large, has moved this Court.
(2.) HEARD learned counsel appearing for the parties and perused the documents on record.
(3.) IT is stated that the petitioner submitted an application on 10.11.2011 to the Deputy Commissioner, Pakur requesting inquiry into the illegal sale of public land and for taking action against the persons concerned. It is further stated that on 07.10.2011, the petitioner submitted an application under the Right to Information Act, 2005 seeking details of the land in question, but no information was furnished. The petitioner preferred an appeal on 16.07.2011 and he also made an application before the District SubRegistrar cum Public Information Officer, Pakur on 18.10.2011. The petitioner also submitted an application to the Circle Officer, Pakur under the Right to Information Act, 2005 seeking name of seller and purchaser of the land in Jamabandi No. 411, Daag No. 1291, total area about 2.11 Kathas. The information furnished to the petitioner revealed that the aforesaid land is not transferable in nature and therefore it cannot be sold. The petitioner made various applications in this regard however, only vague details were furnished to the petitioner. It is stated that the petitioner obtained some of the certified copy of the registered sale deeds which were registered by the Officer of the SubRegistrar, Pakur which reveals the illegal transfer of land which is specified for public use especially for 'Pokhar' to be used by public at large. It is also stated that on 06.08.2011, the Circle Officer, Pakur informed the petitioner that the land under Daag No. 1291 is a 'Pokhar' land and the same cannot be sold or purchased. In the aforesaid facts, the petitioner has filed the present public interest litigation seeking a direction upon the respondents for taking appropriate action for stopping illegal transfer of public land and for directing the respondents to strictly follow the provisions under Section 2035 and other relevant provisions of Santhal Parganas Tenancy Act, 1949. A further prayer for taking appropriate legal action against the government officials and the individuals who are responsible for sale and purchase of public land which are not transferable in nature, has also been made. A counteraffidavit has been filed on behalf of respondent nos. 4 and 5 refuting the allegations made by the petitioner. It is stated that insofar as, the Plot No. 1291 of Jamabandi No. 622 is concerned, the said plot has been recorded under "Anabadi Khata". It has been found that a Jamabandi was corrected in respect of the said land in the name of one Anukul Chandra Choudhary. Subsequently, in Tenants Ledger (RegisterII), the above entry was struck off and the name of Safikur Raham has been entered, making reference of Mutation Case No. 285 of 197980. Subsequently, Jamabandi has been corrected in the name of other vendees. A Rev. Misc. Case No. 6 of 201213 was started by the Circle Officer, Pakur and it is pending inquiry under Section 4(h) of Bihar Land Reforms Act, 1950 by the Court of the Sub Divisional Officer, Pakur. It is further stated that Plot No. 1291 in mouzaPakur No. 128 area 2 Bighas 11 Kathas and 8 Dhurs, nature of land (Pokhar) stands recorded under "Anabadi Khata" has reflected in the Khatiyan prepared during cadestral land survey and settlement. A supplementary counteraffidavit dated 21.11.2013 has also been filed stating that by order dated 27.05.2013, the aforesaid Jamabandis have been cancelled and the Anchal Adhikari, Pakur has corrected the Jamabandi Registere that is, RegisterII. It is further stated that insofar as, plot nos. 105 and 42 of mouza Pakur No. 128 are concerned, these plots are not subject matter of public interest litigation however, it is stated that as per entry in survey Khatiyan, these plots are Raiyati land. Plot No. 105 of mouza Pakur No. 128 stands recorded in Khata No. 62 as "UDVASTU" in the name of Kalipado Poddar s/o Siris Poddar and presently the said land is recorded in the RegisterII in the name of Marjina Biwi w/o Abdul Mannan Ansari vide Mutation Case No. 213 of 200506. Similarly, Plot No. 42 of mouza Pakur No. 128 in Khata No. 216 an area of 00 Bigha 07 Katha 17 Dhur as "BariI" is recorded in the name of Sri Pati Sardar s/o Gurudayal Sardar in Survey Khatiyan. At present the said land recorded in the RegisterII in the name of Raghuram Barai in Holding No. 654. Rent receipts are being regularly issued in the name of the above mentioned both raiyats.;