- (1.) SEEKING quashing of order dated 16.03.2012 whereby the claim of the petitioner has been rejected, the present writ petition has been filed.
(2.) BRIEFLY stated, the land comprised in Khata No. 25, Plot No. 285/289, total area 29.95 was granted to the ancestor of the petitioner by the Exlandlord in the year, 1932. With respect to the said land Jamabandi has been created and rent receipt has been issued in the name of Late Chamra Oraon. The Circle Officer has also issued "check slip" in recognition of the Raiyati rights over the land in question. The land was acquired by the State Government for construction of railway track, however, no compensation has been paid to the petitioner and therefore, the petitioner approached this Court in W.P.(C) No. 2885 of 2011. The said writ petition has been disposed of vide order dated 15.09.2011 directing the petitioner to submit representation. However, the representation of the petitioner has been dismissed vide impugned order dated 16.03.2012.
(3.) A counteraffidavit has been filed stating that the Revenue Authority has refused to grant Raiyati status of the GairMazrua land and against the said order, the petitioner has not preferred any appeal nor any Civil Suit has been filed by the petitioner seeking declaration of Raiyati right, title and interest over the land in question. The rejection of Raiyati Manyata extinguishes all private right of the Raiyat and the land stands vested in the State. The State Government has accordingly, transferred the land to the Railway Department. The land in VillageHaram, Thana No. 108, Anchal Katkamdag, Hazaribag has been notified under the Land Acquisition Act and award has been prepared in the name of the persons interested in the land. The learned counsel for the petitioner refers to the document "check slip", a copy of which has been filed as annexure -3 in the present proceeding and submits that, it is not in dispute that the petitioner and his ancestors are in possession of the land in question for more than 30 years and the report of the Circle Officer also indicates that, over the said land house of the petitioner is situated. The houses constructed thereon are more than 4050 years old. It is submitted that, in view of letter dated 07.07.2010, the petitioner is entitled for compensation.;