Jharkhand High Court
Parwal Mahto & Ors vs The State Of Jharkhand & Others on 17 November, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P.(C) No. 3553 of 2012
........
Parwal Mahto & Ors. .... ..... Petitioners
Versus
The State of Jharkhand & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Petitioners : Mr. Laxman Kumar, Advocate.
For the Respondent/State : Mr. P.C. Roy, S. C. (L&C)-I
........
12/17.11.2021.
Heard, learned counsel for the parties.
The petitioners namely, Parwal Mahto, Jagan Mahto and Hulash
Mahot have preferred this writ petition for quashing orders as contained in
Annexures- 4, 5, 6 & 7 as well as notice vide letter No.512 dated
06.06.2012 as contained in Annexure -8 issued by the Circle Officer,
Govindpur, Dhanbad, whereby the Circle Officer has informed the
petitioners that in Misc. Case No.03/2007-2008 and 2008-2009, the
Deputy Commissioner, Dhanbad vide order dated 13.03.2012 has
cancelled the jamabandi No.18 of Mansu Mahto, S/o Chetu Mahto with
respect to land of Mauza- Manjhiladih, Khata No.17, Plot No.209 area
0.62 Acre and said land is taken in Government possession.
Learned counsel for the petitioners has submitted that from perusal
of the counter affidavit filed on behalf of the State duly sworn by the
Circle Officer, Anil Kumar, S/o Sri Janardan Ram on 13.07.2017 it
appears that a peculiar stand has been taken at paragraphs - 6 & 7, which
may profitably be quoted hereunder:-
"6. That it is stated that the present writ application has been
filed by the petitioners prays for quashing the orders as contained in
Annexure-4,5,6 and 7 and Notice vide Letter No.512 dated 06.06.2012
as contained in Annexure-8 issued by the Circle Officer, Govindpur,
District Dhanbad.
For issuance of a writ in the nature of prohibition for
restraining the Respondents or its machineries from acting in pursuant
to orders as contained in Annexure-8, taking into consideration that the
land measuring an area of 64 decimals situated on Plot No.209, Khata
No.17 Mouza Manjhiladih, P.S. No.59 Govindpur Baarwadda, District
Dhanbad was settled with the father of the petitioners by the Jharia Raj
Estate in the year 1928 and the petitioners father came into possession
and had perfected his right, title and interest on payment of rent to the
concerned authorities for more than 70 years.
7. That it is humbly stated and submitted that the respondent
would like to submit that after holding enquiry in presence of the
petitioner it has been established that the Jamabandi No.18 has been
created without any competent order and accordingly the said
Jamabandi has been cancelled vide order dated 13.03.2012 of the
Deputy Commissioner, Dhanbad and the petitioner has come up before
this Hon'ble Court with the instant writ petition whereas the Hon'ble
Court has been pleased to decide vide judgment dated 25.06.2009
passed in W.P. (PIL) No.777 of 2009 that such matter can be
challenged only before statutory forum of appeal and Court is not
competent to decide the controversy relating to the running of
Jamabandi."
Learned counsel for the petitioners has submitted that State is
admitting that jamabandi has been created pursuant to settlement of land
to the father of the petitioners by the Jharia Raj Estate in the year 1928 and
father of the petitioners came into possession and had perfected his right,
title and interest on payment of rent to the concerned authorities for more
than 70 years, but in the garb of judgment dated 25.06.2009 passed in W.P.
(PIL) No.777/2009 the jamabandi has been cancelled only on the ground
that establishment of jamabandi has been created with any competent
order.
Learned counsel for the petitioners has further submitted that
respondent has not come up with the averment that what action has been
taken against the erring officer for cancelling such jamabandi of the
petitioners, which was running in the name of the petitioners' father for
last 70 years.
Under the aforesaid circumstances, let the Additional Chief
Secretary, Revenue, Registration and Land Reforms Department,
Government of Jharkhand is directed to file an affidavit to the effect that
when signature or order on the official record cannot be made by the
petitioners and petitioners cannot be held responsible for the same then
what action has been taken against those officers and the officers, who
were subsequently posted in the circle office of Barwadda, Govindpur in
the District of Dhanbad before cancellation of such jamabandi of the
petitioners by the Deputy Commissioner, Dhanbad.
It is expected that affidavit must be filed before this Court by
06.12.2021.
Put up this case on 07.12.2021.
Let a copy of this order be communicated to the learned Advocate
General of the State of Jharkhand as well as the Additional Chief
Secretary, Revenue, Registration and Land Reforms Department,
Government of Jharkhand at once.
(Kailash Prasad Deo, J.)
Jay/-
