RAJESH SHANKAR,J. - (1.) The present writ petition has been filed for quashing the entire proceeding of Land Reference Case No. 01 of 2011, pending in the Court of the learned Civil Judge, Sr. Division-cum-L.A. Judge, Hazaribagh including the order dated 12.09.2012 passed in the said case whereby, the learned Court below allowed the substitution petition and proceeded with the reference case.
(2.) The factual background of the case is that the land of Village-Sirka was acquired by the State Government for Central Coalfields Limited (in short CCL) and a notification under Section 4 of the Land Acquisition Act bearing No. DLA Hazaribagh 34/88-103 dated 04.01.1989 was published in the Gazette on 01.02.1989 followed by the corrigendum published on 16.01.1990. The Collector assessed the compensation and deposited the same with the Office of the District Land Acquisition Officer, Hazaribagh for payment to the land losers. An award for Khata No. 28 Plot Nos. 171, 152, 134, 147, 144, 149 and 140, total area 1.53 1/2 acres was prepared in the name of Sukra Kumhar, Datman Kumhar, Jamuna Kumhar and Arjun, all sons of Munga Lal Kumhar for an amount of Rs. 1,13,247.80/- and the money was also paid to the awardees. The awardees did not get satisfied with the payment of compensation and filed objection before the Collector claiming compensation @ Rs. 10,000/- per decimal besides solatium and other statutory benefits. The Collector referred the objection under Section 18 of the Land Acquisition Act, 1894 (herein after referred to as 'the said Act') to the Court below for re-fixation of the compensation amount, which was numbered as L.R No. 52 of 1993 and finally vide a common judgment dated 21.04.2005, an award was prepared. Against the order dated 21.04.2005, the CCL preferred a writ petition before this Court being W.P.(C) No. 3418 of 2006 and vide order dated 24.06.2010, the matter was remanded to the Court below with certain observation. Thereafter, the date of re-hearing was refixed. In the meantime, a requisition was received from the Office of the Land Acquisition Officer, Ramgarh vide letter No. 46 dated 27.01.2011, which was registered as L.R. Case No. 1 of 2011 in the Court of the learned Sub Judge-II-cum-Special Land Acquisition Judge, Hazaribagh and the petitioners were issued show cause on 01.12.2011. The petitioners filed reply to the show cause and challenged the said land reference on the ground of being barred by limitation having been initiated after lapse of 18 years and also on the ground that the reference order has been passed against the dead persons.
(3.) The learned counsel appearing on behalf of the petitioners submits that after the death of the recorded tenants, there was oral partition of the entire property between the descendants of the recorded tenants by metes and bounds and they were living separately in mess and cultivation and the land in question was in share and possession of the descendants of Mangra Kumhar. It is further submitted that the Land Acquisition Officer, Ramgarh made local inspection of the land in dispute and found that Sukra Kumhar, Tumna Kumhar, Jamuna Kumhar and Arjun Kumhar, sons of Mangra Kumhar had been in peaceful cultivating possession over the land in question without let or hindrance from any persons. It is further submitted that the present case cannot continue because the same has been filed against the dead persons.;