Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioners sought a direction upon the respondent no. 2, District Land Acquisition Officer, Jamtara for referring their application filed under Section 18 of Land Acquisition Act, 1894 for reference before Land Acquisition Judge/Special Judge. Petitioners have also stated that Land Reference Case No. 24 of 2013-14 is already registered.
(3.) Respondent-State has in its counter affidavit dealt with the contention of the petitioner on merits in relation to acquisition made on land being AKJ No. 35, Plot No. 306 BII, Area 31 decimals of village-Dharampur, P.O. Manjhladih, P.S. Narayanpur, District-Jamtara stating that the said land appertaining to AKJ No. 35 was recorded in the names of Somai Mian, Yadah Mian and Amir Mian in Separate Dakhal Kiari during the last Survey Settlement operation which took place during the year 1932-35 in Santhal Pargana. Petitioners are the grandsons and great grandsons of recorded tenants Somai Mian, Yadah Mian and Amir Mian. Whereas Plot No. 50 appertaining to AKJ No. 13 of Mouza-Harlatanr Contiguous Village of Dharampur, P.S. Narayanpur Sub Division Jamtara, District-Jamtara is recorded in the name of Majir Mian and others during the Last Survey Settlement Operation, Majir Mian was the grand father of respondent no. 3. It is also stated that recorded tenants of Plot No. 306 and 50 Mouza Dharampur and Halratanr exchanged their plots as per provisions of Santhal Pargana Tenancy Act, 1949 long ago and were possessing their respective exchanged land. Respondent no. 3 is in possession of constructed house there on by grandfather, Majir Mian. He has got his name mutated in respect of Plot No. 306 of Mouza Dharampur in Mutation Case No. 1 of 1980-81 as per the orders of Sub Divisional Officer and rent has been fixed for the said land separately. Petitioners have preferred revision against the mutation order dated 19th May, 1982 before Deputy Commissioner, Jamtara being R.M.R. Case no. 11 of 2010-11, which was dismissed by Deputy Commissioner, Jamtara on 12th January, 2011. Thereafter, petitioners filed Title Suit in the Court of Sub-Judge No.1 at Jamtara bearing no. 24 of 2011, which was withdrawn later on. Petitioners have thereafter filed application before respondent no. 2, District Land Acquisition Officer, Jamtara for reference which is therefore not in accordance with law and stipulated period as per Section 18(2) of the Act.;