Jharkhand High Court
Kalawati Devi & Others vs The State Of Jharkhand & Others on 31 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P.(C) No. 1254 of 2019
........
Kalawati Devi & Others ..... Petitioners
Versus
The State of Jharkhand & Others .... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
............
For the Petitioners : Mr. Shadab Bin Haque, Advocate
For the respondents/State : Mr. Gaurav Raj, A.C. to
Mr. Sachin Kumar, AAG-II
..........
06/31.03.2022.
Heard, learned counsel for the parties.
Learned counsel for the petitioners, Mr. Shadab Bin Haque has
submitted, that the petitioners have preferred this writ petition for
quashing of the order dated 20.02.1996 passed by respondent no.4, the
Special Officer, Schedule Area Regulation, Ranchi in S.A.R. Case
No.18/1985 and also for quashing of the order dated 09.05.1997 passed by
respondent no.3, the Deputy Commissioner, Ranchi in S.A.R. Appeal
No.32R 15 of 1995-96 and for quashing of the order dated 29.04.2002
passed by the respondent no.2, the Divisional Commissioner, South
Chhotanagpur Division, Ranchi in Revenue Revision Case No.568/1996.
Learned counsel for the petitioners has submitted, that S.A.R.
proceeding has been initiated with respect to the lands under khewat
No.10/6, appertaining to khata no.316, bearing plot no.962 and 964,
comprising an area of 30 decimals and 339 decimals (total 3.69 acres)
respectively, in village- Hinoo, recorded in the names of Mahaliya Pahan
and Gajle Pahan and the nature of the land being Bakastt Bhuinhari.
Learned counsel for the petitioners has further submitteds that in the
year 1937, i.e. on 01.10.1937, a Hukumnama was granted by the said
Mahaliya Pahan and Gajle Pahan, ex-landlords, settling the lands referred
to above with one Chedi Khansama, with a chaparbandi right and the rent
receipts with regard to Chaparbandi were granted in the name of Chedi
Khansama by the ex-landlords.
Learned counsel for the petitioners has further submitted, that Chedi
Khansama, after remaining in possession of the entire land, constructed
several kachha houses and wells to live in and other infrastructures over
the land around. On the death of Chedi Khansama, his son Badal Khan
came in possession of the land and houses and accordingly his name was
entered in the Revenue Records, i.e. in the Circle Office, Town Anchal,
Ranchi and correction slip was also issued in favour of Badal Khan,
which has been brought on record as annexure-1 to the writ petition.
Learned counsel for the petitioners has further submitted, that Badal
Khan sold small pieces of land to different persons by different registered
sale deeds. Original petitioner no.1, Ram Kumar Mishra and petitioner
no.2 Raj Kumar Mishra have purchased 2 katha of land under Plot
No.964, Khata No.316 through registered sale deed dated 12.01.1987 and
got their names mutated in Ranchi Town and also in Ranchi Municipal
Corporation on 08.12.1988, Photocopy of rent receipt issued by Circle
Office, and Municopal Rent receipt have been brought on record as
annexure-2 series to the writ petition.
Learned counsel for the petitioners has further submitted, that the
petitioner no.3, Lal Muni Devi, purchased 12 Chatak of land through
registered sale dated 07.08.1986 and got her name mutated in Circle
office as well as Ranchi Municipal Corporation and paid rent to the Circle
Officer and Ranchi Municipal Corporation. Photocopy of the correction
slip, rent receipt of Circle Office and Ranchi Municipal Corporation have
been brought on record as annexure-3 series to the writ petition.
Learned counsel for the petitioners has further submitted, that the
petitioner no.4, Mahavir Prasad Agarwal also purchased land of 2 katha
through registered sale deed dated 07.08.1985 out of the plot no.964 under
Khata No.316 from Badal Khan through Power of Attorney and got his
name mutated in Circle Office and paid the rent to Circle Office, Ranchi
and Ranchi Municipal Corporation. Photocopy of the mutation slip, rent
receipt of Circle Office and Ranchi Municipal Corporation have been
brought on record as annexure-4 series to the writ petition.
Learned counsel for the petitioners has further submitted, that the
petitioner No.5, Asha Devi also purchased the land, measuring 2 katha 4
Chatak through registered sale deed dated 27.06.1985 out of the aforesaid
plot no.964. She got her name mutated in Ranchi Circle Office and paid
rent to the circle office. She also got her name mutated in Ranchi
Municipal Corporation and paid the rent to Ranchi Municipal
Corporation. Photocopy of the Mutation Order of Circle Office and
Municipal Corporation, rent receipt of Circle Office and Ranchi
Municipal Corporation have been brought on record as annexure- 5 series
to the writ petition.
Learned counsel for the petitioners has further submitted, that the
petitioner no.6, Sarsawati Devi also purchased land of 2 khata 4 chhatak
from the aforesaid plot no.964 from one Smt. Kishori Sahay, wife of
Madan Mohan Sahay through registered sale deed dated 16.11.1989, who
had purchased the same from said Badal Khan through registered sale
deed dated 07.08.1985 and since then the petitioner no.6 is paying rent
after getting her name mutated. Photocopy of the rent receipt has been
brought on record as annexure-6 to the writ petition.
Learned counsel for the petitioners has further submitted, that
petitioners are residing over the said plot after constructing house and are
paying rent to the authorities and they are in actual physical possession
over the said plot.
Learned counsel for the petitioners has further submitted, that issue
with regard to purchase of lands of Plot no.964 of khata no.316 of village-
Hinoo was also the subject matter of writ petition bearing W.P.(C)
No.225/2003, which was preferred by (1) Ajay Kumar Sinha, S/o Late
Hari Nandan Prasad, (2) Smt. Shanthi Devi, W/o Shri Kedar Prasad, (3)
Awadhesh Prasad Singh, S/o Late Lutai Singh, (4) Kedar Nath, S/o Late
Jag Mohan, (5) Kamala Devi, W/o Shri Raghunandan Ram, (6)
Sacchidanand Prasad, S/o Late Pratap Mistri and (7) Smt. Kalawati Devi,
w/o Shri Devandra Prasad, all resident of Shakat Nagar, Hinoo, P.S.-
Doranda, District- Ranchi before this Court. The said writ petition was
allowed in terms of order dated 20.08.2018 and thereafter, several writ
petitions have preferred before this Court. One by Neelam Prasad,
daughter of late Sargoon Prasad vide W.P.(C) No.226/2003. Thereafter,
Mehar Man Singh & Ors. vide W.P.(C) No.898/2003, which was also
allowed by the Co-ordinate Bench of this Court in terms of order dated
26.11.2018, though those judgments are judgments in persona with
respect to the plot no.964, but this issue has already been decided by the
Co-ordinate Bench of this Court and that has not been assailed by Badal
Khan, as such, the impugned orders passed by Special Schedule Area
Regulation Authority as well as by Appellate Authority and the order of
the Commissioner, South Chhotanagpur Division, Ranchi are in teeth of
the order passed by the Co-ordinate Bench of this Court.
Learned counsel for the respondents/State, Mr. Gaurav Raj, A.C. to
Mr. Sachin Kumar, AAG-II has submitted that since the private parties are
also respondents in this case, as such, notice may be issued to the private
parties.
Considering the same, let notice be issued to the respondents Nos.5
to 16 namely, (5) Butain Orain, w/o Late Gajelle Pahan, (6) Smt. Somri
Oraon, w/o Late Bhikha Pahan, (7) Miss Soni, D/o Late Bhikha Pahan, (8)
Miss Sangeeta, D/o Late Bhikha Pahan, (9) Miss Uni, D/o Late Bhikha
Pahan, (10) Miss Anjali, D/o Late Bhikha Pahan, (11) Miss Pafuwa, D/o
Late Sukra Pahan, (12) Miss Anita, D/o Late Sukra Pahan, (13) Mrs.
Bhuli Devi, D/o Late Sukra Pahan, (14) Mrs. Randai, D/o Late Sukra
Pahan, (15) Mrs. Doyo, D/o Late Sukra Pahan, and (16) Pyara Kachhap,
S/o Late Masi Das @ Birsa under Speed post, for which requisites etc,
must be filed within a period of two weeks.
Office to track the speed post.
Put up this case after service of notice.
Till then operation of the orders impugned are hereby stayed.
Office is directed to delete the name of learned counsel, Mr. Atanu
Banerjee from the column of respondents by substituting the name of
learned counsel, Mr. Sachin Kumar, AAG-Ii in the cause list.
(Kailash Prasad Deo, J.)
Jay/
