- (1.) HEARD counsel for the parties.
(2.) CHALLENGE in this writ application is to the order passed by the Respondent No. 4 as contained in order dated 28.07.2005 (annexure -7) passed in case No. 80/2004 whereby recommendation was made to the Respondent No. 3 for annulment of the Raiyati land by cancellation of the Jamabandi which was opened in the name of the petitioners' ancestors. Challenge also is to the order dated 20.12.2005 (Annexure -8) passed by the Respondent No. 2 in Revenue Case No. 79 /2005 passed on the basis of the recommendation of the Respondent No. 4 whereby the Jamabandi opened in the name of the petitioners' ancestors was cancelled. Facts of the petitioners' case in brief are as follows : The disputed Jamabandi is in respect of the land measuring area 3.45 acres under Khata No. 153 Plot No. 884 situated in village Barhu within P.S. Ranchi now P.S. Pithoria, District Ranchi which was recorded in the cadastral Survey Records of Rights as Gairmajaruwa Khas in the name of the Ratu Maharaj. By virtue of a Sada Hukumnana dated 08.03.1982 granted by the Manager, Chhotanagpur Raj, the land was settled with Seikh Tahir, who was the grandfather of the present petitioners and possession of the land was delivered to the settlee followed by issuance of rent receipt along with the map of the settled land. Such settlement, according to the petitioners, was in accordance with the provisions and customs of Chhotanagpur Raj and accordingly mentioned in Khatian Part -II of the village. After taking the settlement, said Seikh Tahir converted the settled land into paddy land and remained in continuous possession over the same till his life time along with his only son namely Mubarak Hussain and grandsons namely, the petitionrs and had also being paying rent to the State of Bihar, now Jharkhand. After vesting of the Jamindari in the State of Bihar, Mubarak Hussain, the father of the petitioners was served with a notice by the Land Reforms Deputy Collector to justify the settlement of the Gairmajurwa Khas land in favour of his father. On producing the relevant documents including the Sada Hukumnama and after conducting an enquiry, the Land Reforms Deputy Collector, Sadar, Ranchi recognized Seikh Tahir as the settled Raiyat fixing the annual rent for the land and also allowing mutation of the name of Seikh Tahir in respect of the land in the Sarista of the State and entered in Register -II of the revenue records. The original settlee Sheikh Tahir died in the year 1961 and his son Mubarak Hussain died sometime in the year 1970 whereafter the petitioners continued to remain in possession of the entire land paying rent to the Government which used to be accepted by the State.
(3.) PRIOR to his death, Mubarak Hussain was served with another notice on 25.06.1969 by the Anchal Adhikari, Kanke in Settlement Case No. 5/68 -69 to explain as to how he has acquired possession over Gairmajurwa land measuring area 0.39 acres. The show cause reply was filed along with all the relevant documents disclosing the manner of settlement made earlier in favour of his father. The explanation was accepted whereafter the proceeding was dropped.;