Sanjay Kumar Dwivedi, J. - (1.) Heard Mr. V.N. Jha, learned counsel for the petitioner, Mr. Atanu Banerjee, assisted by Ms. Moushmi Chatterjee, appearing for the respondent-State of Jharkhand.
(2.) The petitioners have preferred this writ petition for quashing the order dated 16.06.2015 passed by the learned Deputy Commissioner, Giridih as well as the Additional Collector, Giridih in Case No.05/14-15 L.R. 05/2014-15 by which the Deputy Commissioner, Giridih has been refused to grant the raiyati right of the petitioners over the land under question. 3. Mr. V.N. Jha, learned counsel appearing for the petitioners submits that the land of Khata No.49/68 appertaining to Khata No.117/286 having Thana No.101 measuring an area of 2.00 decimals situated in village Dhujadih, P.O. and P.S. Dumri, Distt. Giridih has been settled in the name of Shah Mohammad in the year 1945 by the then landlord Janab Manager Saheb Bahadur, Ward and Encumburd Estate Hazaribagh vide Hukumnama the said Hukumnama is annexed as Annexure-1 to the writ petition. He further submits that the petitioners are paying rent and receipt of the land in question has also been granted by the Ward and Encumburd Estate Hazaribagh in the name of settlee Shah Mohammad. He further submits that after vesting of the Zamindari, the name of the settlee Shah Mohammad has entered in the Serista of State Government in respect of the land in question in Demand Register-II after thorough verification by the concerned authority and receipt of the land under question has been granted in the name of Shah Mohammad from the date of vesting of Zamindari to the year 2009 which is annexed as Annexure-3 series to the writ petition.
(3.) He further submits that in the recent survey and settlement operation the banda purcha in respect of the land under question has been prepared in the name of settlee Shah Mohammad after thorough verification and taking into consideration, Shah Mohammad has the perfect right, interest and possession over the land under question. He further submits that the petitioners have purchased the land under question vide Registered Deed from the heirs of the settlee Shah Mohammad according to their share vide Sale Deed No.11595 dated 26.11.2009 and the petitioners after execution of the said sale deed came to the perfect right, title, interest and possession over the land under question which is annexed as Annexure-5 to the writ petition. Thereafter, the petitioners have applied before the Circle Officer, Dumri to enter their names in the Serista of State of Jharkhand through verification and after inviting the objection the name of the petitioners have entered in the Demand Register-II vide Dakhil Kharij Case No.872/2009-10 and granted the rent receipt in the name of the petitioners which is annexed as Annexure-6 and 6/A to the writ petition. He further submits that the petitioners have made a plan to construct a Super Speciality Hospital over the land under question along with the other land which is also in the name of the petitioners adjacent to the land under question for which they applied before the competent authority for sanctioning the map etc. The authority after considering the every corner including the title of the land under question granted the map for construct the hospital in the name of the petitioners named and style as 'Meena Hospital'. He further submits that the petitioners have also taken the loan amount from the Bank of India of Rs.2,60,00,000/- for the purpose of the construction of the aforesaid hospital for which the bank inquired about the right, title and interest of the petitioners, was found to be true. He further submits that some portion of the land in question is going to be acquired by the authority of the National Highway Authority of India (N.H.A.I.) in widening of the road and for compensation against the acquiring of the land, the authorities are demanding the certificate of the Raiyati Rights from the competent authority that's why the petitioners have applied before the Circle Officer, Dumri for grant of Raiyati Rights in their names so far land under question is concerned. The Circle Officer, Dumri has opened a records bearing a Raiyati Manyata Records No.8/2014-15 and after thorough verification and collecting the report from all concerns including the report of Anchal Amin and the Circle Inspector, the Circle Officer has recommended vide his letter dated 15.09.2014 for Raiyati Manyata in the name of the petitioners. Accordingly, the Land Reform Deputy Collector after thorough verification by his order dated 13.06.2015 has also recommended in favour of the petitioners, the Sub Divisional Officer, has also recommended to grant the Raiyati Manyata in the name of the petitioners vide his order dated 10.04.2015. He further submits that the Deputy Commissioner and the Additional Collector, Giridih without considering the facts and circumstances, the order of the Circle Officer, Dumri, the Land Reforms Deputy Collector, Giridih and the order of the Sub-Divisional Officer, Dumri has been passed an order dated 16.06.2015 and rejected the claim of the petitioners for Raiyati Manyata. He further submits that the Circle Inspector and Anchal Amin has given report in favour of the petitioners and without verifying the facts, the Raiyati Manyata was not allowed in favour of the petitioners. ;