- (1.) AJIT Kumar Sinha, J. State Of Jharkhand Through Director General Of Police Versus Thakur Ajit Kumar 1 The present writ petition has been preferred for issuance of an appropriate writ in the nature of mandamus commanding upon the respondents specially respondent Nos. 5 & 6 to denotify the lands from the acquisition and to issue rent receipt in favour of the petitioners.
(2.) THE facts, in brief, are set out as under: In the instant case there are several petitioners and the details thereof are given In the following chart giving the names of the petitioners, date of sale deed, area, Khata No., Plot No., Mutation Case No. etc. vide which the land was mutated in their names: Petitioner name Sale Area Khata Plot No. Mutation deed No. Case No. dated ___________________________________________________________________________ Smt. Jasoda Rani 6.8.81 0.10 acres 25 1249 228/82 -83 Sharma ___________________________________________________________________________ Smt. Shiv Kumari Devi 27.8.81 0.16 acres 25 1249 ___________________________________________________________________________ Smt. Sudeshwari Devi 0.16 acres 25 1249 231/82 -82 ___________________________________________________________________________ Smt. Shanti Ghosh 7.8.81 8 acres 25 1249 229/82 -83 ___________________________________________________________________________ Smt. Manorma Devi 7.8.81 8 acres 25 1249 272/82 -83 ___________________________________________________________________________ Smt. Madhu Malti 7.8.81 0.12 acres 25 1249 284/82 -83 Bharti ___________________________________________________________________________ Sri Ajlt Mandal 13.4.83 0.10 acres 25 1249 and and 10.2.95 0.16 acres ___________________________________________________________________________ Ramswarth Bhagat 13.4.83 0.10 acres 25 1249 and and 0.08 17.2.84 acres ___________________________________________________________________________ Sri V. Shivnath, learned Senior Counsel appearing for the petitioners submits that all the petitioners are in peaceful possession over the respective lands purchased as aforesaid and are paying rent to the State of Bihar upon mutation in the Seristha of State of Bihar. It has further been submitted that the lands in question of Khata No. 25 was originally recorded in the name of one Ghanshyam Pandey S/o Sagpat Pandey during cadestral survey. The said Khata consist of several plots including plot No. 1249 having total area of 2.74 acres of lands. On his demise the heirs of Ghanshyam Pandey, recorded tenant came in to possession and sold some portion of the Raiyati land of plot No. 1249 to different persons Including the petitioners herein. The respondent No. 6 all of a sudden stopped granting rent receipt for the lands in question on the ground that the same was notified for acquisition for the purpose of construction of a stadium on the said lands as the same was shown as surplus land in the notification of C.M.I. Company under the provision of Land Ceiling Act.
(3.) THE petitioners filed representation stating the real facts and also clarified that the land does not belong to C.M. I. Company rather it was Raiyati land of late Ghanshyam Pandey and after his demise his grand -sons were enjoying the aforesaid property which the petitioners have purchased. It appears that the respondent No. 5 cancelled the zamabandi opened in their favour on the recommendation of respondent No. 6 vide order dated 16.8.1991. Thereafter the petitioners preferred an appeal challenging the order dated 16.8.1991 before respondent No. 4, i.e. Additional Collector, Hazaribagh but after thorough examination of the record of entire Khata and other relevant documents and after hearing the parties by order dated 12.7.1994 allowed the appeal of the petitioners and set aside the order dated 16.8.1991 passed by respondent No. 5 whereby the zamabandi of the petitioners were cancelled.;