S.J.MUKHOPADHAYA,J. - (1.) THIS writ application has been preferred by the petitioner with three fold prayer : (A) For a declaration that the land denoted as Sub -Plot No. 1143/D measuring 5 (five) Kathas 2 (two) Chhataks 10 (ten) square feet from out of R.S. Plot No. 1143 under Khata No. 362 of village Missir Gonda purchased by the petitioner vide registered sale deed dated 11.5.1990 was never a Government land and the Correction Slip in respect of the same was rightly and validly issued in the name of the petitioner in pursuance of order dated 23rd August, 1990 passed by the Circle Officer, Town Anchal, Ranchi in Mutation Case No. 1173 of 1990 -91; (B) For a declaration that proceedings for cancellation of jamabandi standing in the name of the petitioner vide Correction Slip dated 23rd August, 1990, as initiated by the Circle Officer, Town Anchal, Ranchi, by registering Misc. Case No. 58 of 1991 -92 was arbitrary, illegal and without jurisdiction; (C) For issuance of a writ of certiorari or direction commanding upon the respondents to certify and transmit records of Misc. Case No. 58 of 1991 -92 of the Court of Circle Officer, Town Anchal, Ranchi so that notice for cancellation of jamabandi dated 31st May, 1991 (Annexure -9) and the orders dated 30th September, 1991; 2nd May, 1992; 25th May, 1992; and 17th July, 1992 passed by respondent Nos. 4, 3 and 2 respectively, all of which are contained in the order sheet collectively, as contained in (Annexure -9), may be quashed being arbitrary, illegal and without jurisdiction; and (D) For issuance of writ of or in the nature of certiorari or mandamus commanding the Additional Collector, Ranchi to certify and transmit records of Misc. Case No. 12 R 15 of 1992 -93 so that the order of the 2nd respondent dated 29th October, 1999, as contained in Annexure -13 is set aside being arbitrary and discriminatory.
(2.) THE case of the petitioner is that he is in possession of the house property standing in and upon and comprised in the area of 5 (five Kathas 2 (two) Chhataks 10 (ten) square feel denoted as Sub -Plot No. 1143/D from out of R.S. Plot No. 1143 under Khata No. 362 of village Missir Gonda. The right of the petitioner are chhapparbandi right. The house property of the petitioner has been denoted and distinguished as Holding No. 277/E -4 under Ward No. 1 B (new Ward No. 1) of Ranchi Municipal Corporation and the name of the petitioner has been mutated in the records of Ranchi Municipal Corporation. Further case of the petitioner is that the land in question, was purchased by him by registered sale deed dated 11th May, 1990 and his name was mutated and shown in the records by Circle Officer, Ranchi after due and proper enquiry. But subsequently, his jamabandi was cancelled on the pretext that the R.S. Plot No. 1143 was a Government Land. According to the petitioner, C.S. Plot Nos. 601 to 605, 622, 623, 773 and 777 of village Missir Gonda measuring 33.31 acres were gairmajarua malik land of 'Satanath Missir' and others, but in legal and prudent exercise of rights, the said landlord made chhaparbandi settlement in favour of one Gayanendra Nath Roy, Barrister -at -Law of Alipore, Calcutta as evident and established by a duly executed and registered deed of 'Kabuliat -cum -settlement' dated 28th October, 1912 being No. 4209 of 1919 of the office of the District Sub -Registrar, Ranchi. After settlement as aforesaid, the settlee came in exclusive possession of the entire 53.31 acres and he continued to own and possess the same to the knowledge and exclusion of all. After the death of the aforesaid settlee, his only son and legal heir, namely, Arjun Roy inherited his estate including 53.31 acres of chhaparbandi lands in village Missir Gonda @ Pahar Gonda. The said entire tract of 53.31 acres of land was openly, exclusively and continuously owned and possessed by Arjun Roy, a renowned Architect and he constructed two houses which are architectural marvels and had become land marks of the town. The two buildings were known and called as 'Aeroplane House' and 'Ship House' and the same are still in existence, Arjun Roy all along paid rent to the then landlords and on abolition of zamindari to the State of Bihar. Further case of the petitioner is that during revisional survey and settlement operation, Arjun Roy was out of India (at England from 1927 to 1932) and, therefore, because of his absence, the settlement authorities could not get correct picture about the lands. Basing on the entries in the C.S. Records, the lands settled with Gyanendra Nath Roy and inherited by Arjun Roy were entered in the R.S Records of rights as gairmajrua lands. The aforesaid C.S. Plot Nos. 601 to 605, 622, 623, 773 and 777 were renumbered as R.S. plot Nos. 933, 919, 934, 944, 969, 970, 972 to 974, 1140, 1141 and 1143 under Khata No. 362. Plot Nos. 971 and 1135 were recorded as gairmajrua aam lands while rest of the plots were recorded as gairmajrua malik lands. Said Arjun Roy stated to have challenged the erroneous entry regarding his lands in the R.S. Records of Rights and filed an application under Section 90 of the Chhotanagpur Tenancy Act before the assistant Settlement Officer for correction of such wrong entry, which was registered as Case No. 296/90 of the year 1934 -35. To avoid any further confusion and/or complication, the then Landlord were also made parties in the said case. In the said case, said Arjun Roy prayed the except Plot Nos. 971 and 1135, the entries regarding all other plots be corrected to show that the same are not gairmajrua malik lands but are chhaparbandi lands of Arjun Roy. After hearing and being satisfied, the Assistant Settlement Officer recommended for opening of 'Dhakhalkar Khata' in the name of Arjun Roy for R.S. Plot Nos. 914, 933, 973 974, 934, 969, 944, 970, 1140, 1143, 1141 and 972 and correction of entries, accordingly, was made regarding the said plots being gairmajrua malik Plots. It is stated that the C.S. Plot Nos. 623 and 773 were renumbered as RS Plot No. 1143. According to the counsel for the petitioner, the learned Settlement Officer accepted the recommendations made by Assistant Settlement Officer and ordered for opening of 'Dakhalkar Khata' in the name of Arjun Roy in respect of the aforesaid R.S. Plots including Plot No. 1143 and the R.S. Khatian of village Missir Gonda @ Pahar Gonad contains on endorsement and entry regarding order passed by the Settlement Officer. The lands shown in gairmajrua khata were ordered to be corrected and to remain in occupancy (Dakhalkar) in the name of Arjun Roy at an annual chhaparbandi rental of Rs. 127 and 8 Annas. Such rent were paid to the landlords and thereafter to the State of Bihar after abolition of zamindari. The State of Bihar, according to the petitioner, cannot claim that the R.S. Plot No. 1143 is gairmajrua malik land. The building 'Aeroplane House' style as per Avion' was built on a portion of R.S. Plot No. 1143.
(3.) IT appears that for the purposes of Ranchi Water Works, the State Government compulsorily acquired 6.62 acre from out of R.S. Plot No. 1143, while in pursuance of L.A Case No. 9 of 1958 -59, after due verification and enquiry, the Land Acquisition Officer prepared a valuation khatian in which, according to the petitioner, it was shown that R.S. Plot No. 1143 was owned by Arjun Roy with chhaparbandi right and some compensation was awarded to Arjun Roy.;