Jharkhand High Court
Shyam Sundar Ram @ Shyam Sunder Ram ... vs The State Of Jharkhand Through The ... on 10 February, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 6546 of 2024
---
Shyam Sundar Ram @ Shyam Sunder Ram represented
through his Power of Attorney Holder, namely, Bhagirath
Kumar Tibrewal ... ... Petitioner
Versus
1. The State of Jharkhand through the Principal Secretary,
Department of Revenue, Registration and Land Reforms,
Government of Jharkhand, Ranchi
2. The Deputy Commissioner, Godda
3. The Sub-Divisional Officer, Mahagama, District- Godda
4. The Circle Officer, Mahagama Circle, District- Godda
5. Aabid Alam
6. Birma Devi
7. Ranjeet @ Rajeet
8. Nitya Nand Sharma
9. Birju Manjhi
10. Md. Faijuddin .... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. Sumeet Gadodia, Advocate
Mrs. Shilpi Sandil Gadodia, Advocate
Mr. K. Hari, Advocate
For the Resp. Nos. 1 to 4 : Mr. Mohan Kumar Dubey, A.C. to A.G.
Order No. 04 Dated: 10.02.2025
Learned counsel for the petitioner submits that the
petitioner has the lawful right and possession over the land in
question, the details of which have been given in paragraph-8 of
the writ petition.
2. It is further submitted that pursuant to the settlement
of land in question in favour of the petitioner by the Ex-Landlord
vide "Hukumnama" dated 17.03.1952, he was all along in
peaceful possession as rightful owner and rent in respect of the
said land was also paid. However, after lapse of 17-18 years,
Misc. Case No. 11 of 1981-82 was initiated for cancelling the
"Jamabandi" running in the name of the petitioner and vide ex-
parte order dated 02.04.1981, the Land Reforms Deputy Collector,
Mahagama, cancelled the said Jamabandi running in the name of
the petitioner and dispossessed him from the land in question.
Being aggrieved with the said order, the petitioner filed Title Suit
No. 01 of 1983 in the court of learned In-charge Officer-II,
Dumka, District- Godda seeking declaration of his right, title and
interest over the land in question and also for recovery of
possession. The said title suit was allowed vide judgment dated
25.05.1995 (decree signed on 27.05.1995) declaring the title of
the petitioner over the land in question.
3. It is also submitted that pursuant to passing of the
aforesaid judgment passed in Title Suit No. 01 of 1983, a
"Basgadi" order dated 19.06.1995 was duly issued by the learned
court of In-charge Officer, Dumka, pursuant to which the
petitioner was put in possession of the land in question.
4. Learned counsel for the petitioner further submits that
the judgment passed in Title Suit No. 01 of 1983 was challenged
by the then State of Bihar and Others in Title Appeal No. 06 of
1995 in the court of learned Commissioner, Santhal Pargana
Division, Dumka, however the said appeal was dismissed vide
order dated 29.03.2005 affirming the order passed in Title Suit
No. 01 of 1983. Irrespective of the said fact, the Sub-Divisional
Magistrate, Mahagama (the respondent no. 3), vide impugned
order dated 03.09.2024, has initiated Doubtful Settlement Case
No. 01 of 2024 and has referred the matter to the Deputy
Commissioner, Godda (the respondent no. 2) for further action in
this regard. Under the said compelling circumstance, the
petitioner has approached this Court by filing the present writ
petition.
5. Issue notice.
6. Mr. Mohan Kumar Dubey, learned A.C. to A.G., appears
and waives notice on behalf of the respondent nos. 1 to 4.
7. Issue notice to the respondent nos. 5 to 10 under
registered cover with A/D as well as through ordinary process for
which requisites etc. must be filed by 19.02.2025.
8. Put up this case after six weeks under appropriate
heading.
9. In the meantime, the parties shall maintain status-quo
as existing today over the land in question.
Ritesh/ (Rajesh Shankar, J.)
