Munmun Prasad & Others vs The State Of Jharkhand & Others
2021 Latest Caselaw 4657 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       (Civil Writ Jurisdiction)
                      W.P.(C) No. 1495 of 2011
                          ........

Munmun Prasad & Others                       .... ..... Petitioners
                            Versus
The State of Jharkhand & Others              .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
                                ............
For the Petitioners           : Mr. Birendra Kumar, Advocate
For the Respondent / State    : Mr. Ashok Kumar Yadav, G.A.-I

For the Respondent Nos.4 to 6 : Mr. Pradip Modi, Sr. Advocate.

Mr. Gautam Rakesh, Advocate.

........

13/07.12.2021.

Heard, learned counsel for the petitioners, Mr. Birendra Kumar, learned counsel for the State, Mr. Ashok Kumar Yadav, G.A.-I and learned senior counsel for the Railway / Respondent Nos.4 to 6, Mr. Pradip Modi assisted by learned counsel Mr. Gautam Rakesh.

Learned counsel for the petitioners has submitted that father of the present petitioners namely Ramdeo Prasad has filed writ petition in the year 2011 with a prayer not to evict them from land of Khata No.165, Plot No.4044 area-55 decimals as well as Khata No.268, Plot No.4043 area-63 decimals under Mouza - Argora, P.S.- Argora, District - Ranchi, as name of his father namely Ram Gobind Prasad Rawani was running in the Register-II, though in the record of rights, the land has been recorded as Plot No.4044 in the name of Mandra Oraon and Plot No.4043 in the name of Gair Majurwa Malik Land.

Learned counsel for the petitioners has further submitted that the land belongs to him as the name is running in Register-II.

Learned counsel for the petitioners has further submitted that without initiating any proceeding under the Land Acquisition Act, the land of the petitioners have been encroached by the respondents, without payment of compensation to the petitioners or his father i.e. original writ petition and without following the procedure as envisaged under the Land Acquisition Act, particularly Section 4 of the Land Acquisition Act.

This Court asked, learned counsel for the petitioners, Mr. Birendra Kumar, whether a title can accrue on the basis of entry made in Register- II. He has specifically said before the Bar, No, as the same only shows possession. This possession may be legal or may be illegal.

This Court again asked learned counsel for the petitioners, whether you are descendant of the recorded tenant of Plot No.4043, recorded in the name of Mandra Oraon and Plot No.4044 is recorded as Gair Majurwa Malik Land. He specifically said that petitioners are not the legal heirs of the recorded tenant.

Learned counsel for the petitioners has further submitted that the claim of the petitioners with regard to Plot No.4043 is on the basis of patta i.e. settlement made by sada Hukumnama by the intermediary before vesting of the State.

Learned counsel for the petitioners has referred several orders passed by this Court in this case and has submitted that the land belongs to the petitioners and compensation has not been paid, as the proceeding has not been initiated in accordance with law till 2021 rather during pendency of the writ petition in the year 2021 the Railway has served the notice under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 for the possession of the land.

Learned counsel for the petitioners has thus submitted, that petitioners have been debarred from the compensation and the long standing possession of the petitioners cannot be taken away in such manner.

Learned counsel for the petitioners has further submitted that the Circle Officer, Ranchi (Town) vide Memo No.5(ii) dated 24.01.2012 has mentioned, that land has been recorded in the name of Ram Gobind Prasad Rawani, Son of Ram Charitra Rawani in the Register-II with regard to Plot No.4044 area-55 decimals of Khata No.165.

So far land of Plot No.4043 area 63 decimals of Khata No.268 is concerned, the same has been recorded in the Register -II, Volume-3/412 as Gair Majurwa Malik Land in the revisional survey record.

Learned counsel for the petitioners has thus submitted that his long standing possession as appears from Register-II cannot be disturbed without initiating legal proceeding against the petitioners.

Learned counsel for the State, Mr. Ashok Kumar Yadav, G.A.-I has submitted, that entire land of Plot No.4044 which belongs to Mandra Oraon has been acquired under due process of law and the Gair Majurwa

Land of Plot No.4043 has also been acquired by State, under due process of law for expansion and development of the Railway and handed over to the Railway after payment of due compensation in Land Acquisition Case No. 54 / 60-61, vide Award No.34. Copy of the same has already been shown to this Court as well as learned counsel for the petitioners.

Learned counsel for the State has further submitted that petitioners are admittedly not descendant of the recorded tenant with regard to land of Plot No.4044 area- 55 decimals of Khata No.165, which was recorded in the name of Mandra Oraon and they cannot be paid compensation because of illegal possession over the land and that too on the basis of information given by the then Circle Officer, whose name has been disclosed as Sri Sidhartha Shankar Choudhary, as it has been informed by the Deputy Commissioner, Ranchi vide supplementary counter affidavit dated 29.09.2021 that information given by the then Circle Officer, Argora, Ranchi vide Memo No.5(ii) dated 24.01.2012 is without any inquiry made by him, from which it appears that the information has been given to give undue advantage to particular person.

The same paragraph may profitably be quoted hereunder:- "vr% izFke n`"V;k tekcanh fcuk fdlh vk/kkj ds vkWuykbu ntZ fd;s x;s izrhr gksrs gSaA mDr tekcanh esa vkWuykbu iath&2 ds vuqlkj 1976 ds ckn yxku jlhn fuxZr ugha fd;k x;k n'kkZ;k tk jgk gSA vapy vf/kdkjh }kjk yxku jlhn dh dksbZ izfr layXu ugha gSA yxku jlhn dh izfr miyC/k ugha gksus dk dkj.k laHkor% ;g izrhr gksrk gS fd mDr tekcanh esa yxku jlhn fuxZr ugha gqvk gksxkA vapy vf/kdkjh vjxksM+k }kjk izfrosfnr fd;k x;k gS fd rRdkyhu 'kgj] vapy vf/kdkjh }kjk Kkikad& 05 (ii) fnukad 24-01-2012 }kjk lwpuk vf/kdkj esa fn, x, tokc fcuk fdlh Nkuchu ds fn, x, gS] ftlls ifjyf{kr gksrk gS fd fdlh O;fDr fo'ks"k dks vuqfpr ykHk fn, tksus dh ea'kk ls lwpuk vf/kdkj esa lwpuk miyC/k djk;h x;h gSA mDr lwpuk vf/kdkj esa fcuk tkWap ds miyC/k djk;s x;s lwpuk ds dkj.k orZeku fookn dks cy feyk gSA vapy vf/kdkjh] 'kgj] jkWph ds mÙkjkf/kdkjh lwph ds voyksdu ls izrhr gksrk gS fd Jh fl}kFkZ 'kadj pkS/kjh }kjk lwpuk dk vf/kdkj vf/kfu;e esa ;g lwpuk miyC/k djk;h xbZ FkhA"

Learned counsel for the State has further submitted that it is the duty of the Circle Officer to protect the Gair Majurwa Land, which was again with respect to Plot No.4043, area 63 decimals of Khata No.268, but he fails to explain, that what action has been taken by the Circle Officer to protect the Gair Majurwa Land. If a person has possession over the Gair Majurwa Land, his possession can only be said to be illegal possession,

unless and until he gets title by adverse possession from competent court of law. A person residing on a Plot on the basis of an entry made in revenue record, the same is not a document with respect to the title, as such, from perusal of Award No.34, the right person has already been compensated by the Government by paying the amount on 24.06.1960 and for more then 51 years, the person remain silent over the same and thereafter he has filed writ petition in a stale matter, on the basis of information given by the then Circle Officer, Argora by receiving rent for such land, though the land has already been transferred to the Railway in the year 1960, for construction and development of Railway Line from Hatia to Ranchi and as such, petitioners have no case.

Learned senior counsel for the Railway / Respondent Nos. 4 to 6, Mr. Pradip Modi assisted by learned counsel Mr. Gautam Rakesh has submitted that in the year 1960, when this Land Acquisition Proceeding was there, petitioners were not possessing the land. It is only in connivance with the Revenue Authority that in the year 2011, such certificate has been granted by the Circle Officer on the basis of Register- II, but on the basis of Register-II he cannot claim right, title or compensation, as such, writ petition may be dismissed.

After hearing learned counsel for the parties and on perusal of record, it appears that petitioners have not claimed, the land of Plot No.4044 of Khata No.165 area 55 decimals on the basis of inheritance from the recorded tenant in the last records of rights, rather he wants to create a title on the basis of illegal possession, which has never been recognized.

So far the Gair Majurwa Malik Land with regard to Plot No.4043 of Khata No.268 under Mouza - Argora area 63 decimals is concerned, the same cannot be claimed by the petitioners. He has to adduce the evidence that he has acquired the title by way of adverse possession, so far land of the State is concerned, before the competent court, as such, claim of the petitioners with regard to Plot No.4044 is non est in the eyes of law and cannot be adjudicated under Article 226 of the Constitution of India.

Accordingly, petitioners have no case, as such, the instant writ petition is hereby dismissed, as the compensation has been rightly paid to

the recorded tenant way back in Land Acquisition Case No. 54 / 60-61 in the Award No.34 on 24.06.1960, as such, this Court cannot reopen a stale matter.

Before parting with judgment, this Court directs the Additional Chief Secretary, Revenue, Registration and Land Reforms Department, Government of Jharkhand to enquire in accordance with law and thereafter may initiate criminal proceeding also in accordance with law against the Circle Officers, who fail to protect the Government Land, rather by issuing forged rent receipt in favour of stranger creating complications in such matters. In present case land has been acquired vide Land Acquisition Proceeding No. 54 /59- 60, as such, the land was not available before the Circle Officer, Argora, Ranchi, for which rent receipt was granted and wrong information was provided under Right to Information Act creating dispute in the Courts on the basis of manufacturing false documents, for purpose of cheating the State exchequer, which shall be apparent from counter affidavit dated 29.09.2021, of which the relevant paragraph is being quoted hereunder:-

"vr% izFke n`"V;k tekcanh fcuk fdlh vk/kkj ds vkWuykbu ntZ fd;s x;s izrhr gksrs gSaA mDr tekcanh esa vkWuykbu iath&2 ds vuqlkj 1976 ds ckn yxku jlhn fuxZr ugha fd;k x;k n'kkZ;k tk jgk gSA vapy vf/kdkjh }kjk yxku jlhn dh dksbZ izfr layXu ugha gSA yxku jlhn dh izfr miyC/k ugha gksus dk dkj.k laHkor% ;g izrhr gksrk gS fd mDr tekcanh esa yxku jlhn fuxZr ugha gqvk gksxkA vapy vf/kdkjh vjxksM+k }kjk izfrosfnr fd;k x;k gS fd rRdkyhu 'kgj] vapy vf/kdkjh }kjk Kkikad& 05 (ii) fnukad 24-01-2012 }kjk lwpuk vf/kdkj esa fn, x, tokc fcuk fdlh Nkuchu ds fn, x, gS] ftlls ifjyf{kr gksrk gS fd fdlh O;fDr fo'ks"k dks vuqfpr ykHk fn, tksus dh ea'kk ls lwpuk vf/kdkj esa lwpuk miyC/k djk;h x;h gSA mDr lwpuk vf/kdkj esa fcuk tkWap ds miyC/k djk;s x;s lwpuk ds dkj.k orZeku fookn dks cy feyk gSA vapy vf/kdkjh] 'kgj] jkWph ds mÙkjkf/kdkjh lwph ds voyksdu ls izrhr gksrk gS fd Jh fl}kFkZ 'kadj pkS/kjh }kjk lwpuk dk vf/kdkj vf/kfu;e esa ;g lwpuk miyC/k djk;h xbZ FkhA"

The officer being a Public Servant has also committed criminal breach of trust by issuing such rent receipt and giving manipulated information with respect to the land, which was already acquired vide Land Acquisition Case No. 54 /1959- 60 and land was not available before the Circle Officer to issue such letter. This also shows that there is no control over the Circle Officer with regard to maintenance of official records.

Let such order be passed by the Additional Chief Secretary, Revenue, Registration and Land Reforms Department, Government of Jharkhand within a period of three months from today.

If requires, those Circle Officers shall be examined under Section 13D of the PC Act with regard to their disproportionate assets acquired putting the check period as from the date of their joining till date.

Let the order be communicated to the Chief Secretary, Government of Jharkhand, Ranchi as well as the Additional Chief Secretary, Revenue, Registration and Land Reforms Department, Government of Jharkhand at once for needful and compliance and Department of Personnel and Administrative Reforms, Government of Jharkhand, Ranchi be informed accordingly.

(Kailash Prasad Deo, J.) Jay/