Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the petitioner, State and the intervenor- applicant in I.A. No. 7415 of 2016.
(2.) Petitioner has made following prayer:- (A) For issuance of direction to the respondents No. 4, (Khas Mahal Officer) to consider the matter of settlement of the landed property as details described herein below. (B) For further issuance of direction to the concerned respondents for appreciating that Khas Mahal Land No. 580 plot no. 52/a measuring about 21/2 may be settled in favour of the petitioner because earlier, one small portion of land of plot no. 51 was already steeled to him in terms of proceeding initiated in this context i.e. 4/98/99 and the same is required to him for individual, road, proper light and ventilation. (C) For further consideration and issuance of appropriate direction to the concerned Respondents, that in this regard the petitioner has made application on 13.05.2003 for settlement of the said small piece of land against the same the petitioner is ready to pay the said amount, report was also submitted in his favour in this context by the conern authority in terms of Rule 170 A and 171 B, evident from the report dated 29.05.2003, even though the same is lying pending before them. (D) For further considering and directing the concern respondent to act in terms of observation made by the Res Noon 06.04.2001, (Deputy Commissioner) Daltonganj, (Medni Naga) in the matter of Misc Case No. 4/98-99. (E) For further issuance of direction for restraining the respondent, so that they should not to take otherwise action in terms of proceeding Misc. Case No. 01/2014-15, started otherwise .
(3.) Though petitioner claims to be son of the original lease holder i.e. S.K. Samsuddin in respect of plot no. 51 under khata no. 580 of Harijan Tola (Bhati Tola) said to be a Khas Mahal land having holding number 704 situate at Bhati Muhala, Daltonganj but the copy of the original lease deed has not been brought on record. Petitioner has however sought to support his prayer and averments made in the writ petition on the basis of rent receipts of holding tax, annexed as Annexure- A and B to the supplementary affidavit. According to him, his father submitted application for renewal of lease on 10.12.1990, which is pending before the Khas Mahal Officer, Daltonganj. Renewal of lease of the said piece of land, however does not appear to have been granted till date.;