Jharkhand High Court
Chintaman Mahto & Others vs State Of Jharkhand & Others on 16 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No. 5301 of 2002
........
Chintaman Mahto & Others .... ..... Petitioners
Versus
State of Jharkhand & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
............
For the Petitioners : Mr. Rajesh Kumar, Advocate.
For the Respondent/State : Mrs. Darshana Poddar Mishra, AAG-I
For the Respondent Nos.5& 6: Mr. R.N. Sahay, Sr. Advocate.
........
30/16.12.2021.
This case is another example of government land being taken
by the private parties in connivance with the government officials.
In this case earlier, Records from the court of Circle Officer was not
placed before this Court for quite a long time and when this Court
became serious, then it has been made available before this Court.
From perusal of the proceeding of Case No. 14/1992-93, it
appears that the then Sub Divisional Officer, Giridih vide order dated
20.03.1993 rejected the proposal of settlement made by the then
Circle Officer and directed the then Circle Officer to enquire about
the land of Khata No. 2/2, Plot Nos. 57/109, 57/109 & 44/3, total
area 97 decimals, which is Gairmajuruwa Khas land, but the same
land was recommended by the then Circle Officer for settlement in
favour of applicant Jupar Mahto, on the ground that the aforesaid
land was made available to the applicant through Partition Suit No.
153/1961 and Jupar Mahto is in possession of the same.
The Partition Suit No. 153/1961 was between the ancestor of
both the parties i.e. Akloo Mahton (Plaintiff) and Govind Mahton &
Others (defendants). The judgment has been passed on 23.04.1966 in
Title Suit No. 153/1961 and the decree sealed and signed on
25.06.1968, but in the Schedule of the decree it has been mentioned
that the partition was with respect to land of Khata No. 4, but
surprisingly the mutation has been claimed over land of Khata No. 2,
which admittedly belongs to government and without perusing the
decree, the then Circle Officer, Mr. Mudrika Choudhary (as disclosed
by learned State Counsel, Mrs. Darshana Poddar Mishra, AAG-I) has
recommended for Settlement to the S.D.O., Giridih, who refused to
entertain the same and asked the then Circle officer to enquire about
the land of Khata No. 2, but from perusal of the record, it appears
that nothing has been done by revenue authority and subsequently,
mutation order has been passed with respect to land of Khata No. 2
i.e. Government Land.
Under the aforesaid circumstances, this Court requires
assistance of Additional Chief Secretary, Department of Revenue,
Registration and Land Reforms, Government of Jharkhand in this
matter. If the Circle Officer is at fault, as stated by learned counsel
for the respondent-State, even if he has been allocated Bihar cadre
then also he cannot be let out in such matter.
The revenue authority may recommend for disciplinary action
against such officer before the Chief Secretary, Government of Bihar
after due verification and in accordance with law.
Let the counter-affidavit of Additional Chief Secretary,
Department of Revenue, Registration and Land Reforms,
Government of Jharkhand be filed by 2nd Week of January, 2022.
Put up this case in the 2nd Week of January, 2022.
(Kailash Prasad Deo, J.)
Sunil/-
