LADDU SONAR @ LADDU GOPAL SWARNKAR Vs. STATE OF JHARKHAND
LAWS(JHAR)-2008-1-39
HIGH COURT OF JHARKHAND
Decided on January 10,2008

Laddu Sonar @ Laddu Gopal Swarnkar Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

N.N.TIWARI, J. - (1.) IN this writ petition, the petitioner has prayed for quashing the order dated 11th May, 2004 (Annexure -13) passed by the Commissioner, North Chota -nagar Division, Hazaribagh, dismissing the revision application. The petitioner has further prayed for quashing the order dated 24th April, 2003 (Annexure -12) passed by the Additional Collector, dismissing the appeal and also for quashing the order dated 8th December, 2001 (Annexure -11) passed by the Sub -Divisional Officer, Ramgarh, recommending cancellation of jamabandi running in the name of the petitioner.
(2.) IT has been stated that the said orders have been wrongly passed without taking into consideration the provisions of law and relevant facts. It has been stated that the land was originally recorded in the Cadestral Survey Record of Rights in the name of Bideshi Pahan. Two daughters of the recorded tenant had executed a sale deed 15th July, 1938 in the name of one Mostt. Marchaiyo, transferring their interest. Thereafter, Turpa Pahan, the descendant of the recorded tenant, Bideshi Pahan, and Mostt. Marchaiyo surrendered their interest in the land in favour of the ex -landlord by two registered surrender deeds dated 26th March, 1946 and 14th September, 1944. The ex -landlord, thereafter, settled the area of 9.64 acres of land out of the land of Khata No. 19 in favour of Ratan Sonar, father of the petitioner, by virtue of a deed of settlement dated 24th September, 1947. After the said settlement, the settlee was granted rent receipt. The petitioner, being the son of the settlee, came in possession of the land and has been paying rent continuously. In the year 1999, the respondent No. 5 filed an application before the Deputy Collector, Land Reforms, Hazaribagh for cancellation of the jamabandi running in the name of the petitioner. The petitioner had appeared and filed objection. The Land Reforms Deputy Collector by order dated 8th December, 2001 passed the impugned order (Annexure -11), recommending for cancellation of jamabandi running in the name of the petitioner. Thereafter, the petitioner preferred appeal against the order before the Additional Collector, Hazaribagh, but by order dated 24th April, 2003 (Annexure -12), the petitioner's appeal was dismissed. He, thereafter, preferred revision before the Commissioner, North Chotanagpur Division, Hazaribagh in R.C. Revision No. 63 of 2003. The Commissioner also without giving due consideration to the facts, material and provision of law dismissed the revision.
(3.) AGGRIEVED by the said order, the petitioner has filed this writ petition.;


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