The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1142 of 2012 ---- 1(a) Vinod Kumar Singh S/o Late Raghunath Singh 1(b) Pramod Kumar Singh S/o Late Raghunath Singh 1(c) Ajay Kumar Singh S/o Late Raghunath Singh 2. Gopal Sharan Singh son of Late Nageshwar Singh @ Nago Singh 3. Baijnath Singh son of Late Mulan Singh 4. Ram Nandan Singh son of Late Jogan Singh 5(i) Vijay Kumar Singh S/o Late Dharam Nath Singh, R/o Village Kabra, PO Khadaiya, PS Tandawa, District Chatra. 6(i) Tetri Khatun wife of Rasid Miyan, daughter in law of late Lalo Mian (ii) Habib Mian son of late Lalo Mian (iii) Bibi Jetun Nisha wife of Imtiyaj Ansari and daughter of Late Lalo Mian (iv) Ishak Mian son of Late Lalo Mian (v) Shakila Khatoon wife of Jasim Mian daughter of late Lalo Mian (vi) Kalanwa Bibi wife of Md Yunus daughter of late Lalo Mian (vii) Kalim Ansari son of late Lalo Mian Serial No. (i), (ii), (iv) and (vii), residents of Village Kabra, Post Khadhaiya, PS Tandawa, District Chatra, Jharkhand 825321. Serial No. (iii) and (v) resident of Village Arsel, PO Jirwakhurd, PS Simaria, District Chatra 825103. Serial No.(vi) resident of Village Kutti, Ranginiya, PO Jabra, PS Simariya, District Chatra 825103. 7(a) Md. Liyakat Ansari 7(b) Md. Jibarail Miya 7(c) Yusuf Minya 7(d) Md. Ansarul All sons of Late Lakhiya Khatoon, R/o Village Kabra, PO Khadhaiya, PS Tandawa, Distt. Chatra. 7(e) Robaida Khatoon D/o Lakhiya Khatoon & wife of Md. Sarif, R/o Village Kutti, Rangeniyan, PO Jabra, PS Sirmariya, Distt. Chatra. 8(a) Madina Khatoon D/o Late Jakir Mian, W/o Gutten Ansari, R/o Village Hahe Ambajit, PO PS Barkagaon 8(b) Shakina Khatun D/o Late Jakir Mian, R/o Village Kharika, PO Dhanagada, PS Tandawa Distt. Chatra. 8(c) Mojammil Ansari S/o Late Jakir Mian 8(d) Mobin Ansari S/o Late Jakir Mian Both R/o Village Kabra, PO Khadhaiya, PS Tandawa, Distt. Chatra. 8(e) Samina Khatun D/o Late Jakir Mian, R/o Village Mishroul, PO Khadhaiya, PS Tandawa, Distt. Chatra 8(f) Salma Khatun D/o Late Jakir Mian, R/o Village Bela, Peto, PO Chatti, PS Tandawa, Distt. Chatra. 8(g) Rukhsana Khatun D/o Late Jakir Mian, R/o Village Deoria Kalam, Distt. Hazaribagh. 9. Teju Mian son of Late Rudan Mian 10. Bakrudoin Khatoon, Widow of Late Jhari Mian 11(a) Md. Nejamuddin S/o Late Tajmul Mian 11(b) Md. Murshid S/o Late Tajmul Mian -: 2 :- 11(c) Mariyam Khatun D/o Late Tajmul Mian and W/o Idrish Miyan 11(d) Md. Kayum S/o Late Tajmul Mian 11(e) Md. Ashraf Ali S/o Late Tajmul Mian 11(f) Rayuf Ansari S/o Late Tajmul Mian All residents of Village Kabra, PO PS Tandwa, District Chatra. 12. Rohan Teli son of late Bulak Sahu @ Bulka Teli, resident of Village Misrol, PO PS Tandwa, District Chatra. … Petitioners -versus- 1. Ramdeo Mahto son of Late Pusan Mahto, resident of Village Serandag, PO Kasiadih, PS Tandwa, District Chatra. 2. The State of Jharkhand. 3. Divisional Commissioner, North Chhotanagpur Division, District Hazaribagh. 4. Deputy Collector, District Chatra. 5. Deputy Collector Land Reforms, District Chatra. 6. Circle Officer, PO PS Tandwa, District Chatra. … Respondents
Legal Reasoning
---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner : Mr. Lalan Kumar Singh, Advocate For the Respondents: Mr. Vineet Prakash, AC to SC IV Mr. Ayush Aditya, Advocate ---- 11/ 04.01.2024 Heard learned counsel for the petitioner, learned counsel for the state-respondent and learned counsel for the private respondent. 2. Dispute is in relation to cancellation of Jamabandi, which was running in the name of the petitioner. It is the case of the petitioners that the property devolved upon their ancestors by virtue of Deed of Relinquishment / Surrender, executed by the original raiyats. It is their case that after surrender, petitioners’ ancestors came in possession and they are enjoying the same and the Jamabandi was opened since long, which has been cancelled. 3. Learned counsel for the private respondents submits that they are the legal heirs of recorded raiyats and the land is still recorded in the name of their ancestors and on that basis they are praying to cancel the Jamabandi in favour of these petitioners. He further submits that they are in possession. 4. After hearing the parties and after going through the writ petition and the counter affidavits, I find that it is an undisputed fact that Jamabandi was running in the name of these petitioners and/or their ancestors since 1975. Respondent No.1 filed an application in the year 1996, praying therein to cancel the Jamabandi of these petitioners and open the same in his favour. The Land Reforms Deputy Collector, on the said application, passed an order, -: 3 :- considering case of both the parties to the effect that since dispute is in respect of title, it is only the Civil Court of competent jurisdiction, who can decide the same. The said order was challenged by the respondent No.1 before the Additional Collector, Chatra and vide order dated 04.12.2008 / 12.12.2008, who reversed the same and cancelled the Jamabandi of the petitioner and directed that Jamabandi should be opened in the name of respondent No.1 on the ground that respondent No.1 is in possession over the land in question and name of their ancestors are recorded in the record of rights. He also took into consideration that the petitioners are claiming right over the property by virtue of Surrender Deed. Revision application filed by the petitioners was also dismissed. 5. From the aforesaid facts, it is clear that both the parties are claiming title over the property in question. Admittedly, Jamabandi was running in the name of these petitioners since 1975. Jamabandi or mutation is not a proof of title neither they create a title nor extinguished the same, yet when Jamabandi was running from 1975 in the name of the petitioners and/or their ancestors, it was not proper to cancel the same when admittedly there is title dispute. Thus, the appellate order dated 04.12.2008 / 12.12.2008 passed by the Additional Collector, Chatra in Appeal Case No.104 of 2002 and the order dated 22.11.2011 passed by the Commissioner, North Chhotanagpur Division, Hazaribagh in Misc. Revision Case No.07 of 2010 are herein set aside and the order dated 21.03.2002 passed by the Deputy Collector Land Reforms Chatra in Misc. Case No.03 of 1999-2000 is revived. Parties are directed to approach Civil Court of competent jurisdiction for declaration of their right, title and interest over the property in question. Once a judgment is pronounced by the Civil Court of competent jurisdiction, the property will be mutated in accordance with the judgment. 6. This writ petition is allowed with the aforesaid observations and
Decision
directions. Pending interlocutory applications, if any, stand disposed of. Kumar/Cp-02 (Ananda Sen, J.)