SUJIT NARAYAN PRASAD,J. - (1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder following prayers have been made :- (i) For issuance of an appropriate writ(s)/order(s)/direction(s) directing or commanding upon the respondents to conduct measurement of the land of the petitioner situated at village Nagrikalan (Mouza No.230, Khata No.127, Plot No. 1979, Area 0.78 Acres and Plot No. 1977, Area 171 decimals. (ii) For issuance of an appropriate writ(s) order(s)/ directions(s) commanding upon the respondents to abstain/prohibit the proposed construction of the Go-down of pacs over the land of the petitioner and also prohibit the digging of the Government Well which is digging over the land of the petitioner inspite of awarded land which is situated at Mouza No.230, Khata No.40, Plot No. 1976 Area 20 decimal. It is the case of the petitioner as per the pleading made in the writ petition that he is descendant and legal heir of the recorded tenant situated at village Nagrikalan, Mouza No.230, Khata No.127, Plot No. 1979, Area 0.78 Acres and Plot No. 1977, Area 171 decimals which he has got through the registered Patta Dalil by settling it in favour of the grandfather of the petitioner Late Nathu Mahato and put him in peaceful possession.
(2.) After vesting of Jamindari, the grandfather of the petitioner has mutated the land in his favour in sarista of the Government and Zamabandi No. 988 has been created and started making payment of rent.
(3.) In the year 2006 i.e. at the time of preparation of revisional survey, the Khatiyan has been prepared by making entry of wrong person, therefore, the petitioner has filed a suit under Section 87 of the Chota Nagpur Tenancy Act, 1908 being Suit No. 428 of 2006 and 511 of 2006 before the Settlement Officer, Dhanbad, who, after hearing the parties, had passed order on 01.11.2008 and 22.06.2009 in favour of the petitioner by recording the name of the petitioner in column of raiyat in the record of rights.;