Jharkhand v. 1. The State of Bihar, now Jharkhand. 2. The Deputy Commissioner, Dhanbad, P.O. +
Case Details
W.P.(C) No.7481 of 2017 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.7481 of 2017 ------ Bhiklal Kumhar, S/o Late Chotru Kumhar, resident of Village:- Dhadkhi Tanr, P.O. & P.S.:- Tundi, Distt :- Dhanbad, State :- Jharkhand. … Petitioner Versus 1. The State of Bihar, now Jharkhand. 2. The Deputy Commissioner, Dhanbad, P.O. + P.S. & District :- Dhanbad, Jharkhand. 3. The Addl. Collector, Dhanbad, P.O. + P.S. & District :- Dhanbad, Jharkhand. 4. The Circle Officer, Tundi, P.O. + P.S. :- Tundi, & District :- Dhanbad, Jharkhand. 5. The District Fishery Development Officer cum Chief Executive Officer, Dhanbad, P.O. + P.S. & District :- Dhanbad, Jharkhand, Jharkhand. … Respondents ------
Legal Reasoning
For the Petitioner For the Respondents : Mr. Amitesh Kr. Geasen, AC to AAG IA : Mr. Mahesh Tewari, Advocate ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Writ Petition has been filed under Article 226 of the Constitution of India inter alia with a prayer for issuance of an appropriate writ (s)/order (s)/direction (s) including the Writ of Prohibition restraining the respondents particularly the respondent No.5 from auctioning ‘Tundi Khas-Bandh (Tank)’ situated in village- Dhadhki-Tanr, P.S- Tundi, District- Dhanbad bearing Plot Nos.33 and 34 under Khata No.4 measuring an area of 2.17 acres fully described in Schedule B of this Writ Petition and to quash the extremely short- term auction notice with regard to the said tank which finds place at item No.9 1 W.P.(C) No.7481 of 2017 of the extremely short term auction notice dated 16.08.2017, the copy of which has been kept at Annexure-3 of this Writ Petition and other reliefs. 3. The brief facts of the case is that in the year 1985, the respondent No.4 being the Circle Officer of Tundi Circle, wrongfully attempted to put the said tank with a private person namely Banarashi Panda. The petitioner filed a petition before the Additional Collector, Dhanbad and prayed for staying the settlement of the said tank vide Misc. Petition No.08 of 1985. The Additional Collector, Dhanbad rejected the said petition vide his order dated 26.02.1986 and confirmed the purported settlement of the tank. Thereafter, the petitioner filed a revision petition before the learned Commissioner, North Chotanagpur, Hazaribagh vide Mis. Sairat Petition No.46 of 1986 which was also rejected by the learned Commissioner, North Chotanagpur, Hazaribagh vide his order dated 24.11.1986; even though the said tank including its ridge which is the subject matter of this Writ Petition, was never vested in the State and the same belonged to the petitioner in his raiyati right and the petitioner has been in peaceful possession thereof on payment of rent to the State of Bihar (now Jharkhand) since the time of their predecessor. It is then stated that the State of Bihar (now Jharkhand) or its officers had no right to auction the said tank. The petitioner issued a notice under Section 80 of the C.P.C. to the respondents but the respondents were adamant to take possession of the tank. The petitioner filed Title Suit No.04 of 1987 in the court of Munsif-II, Dhanbad and the Munsif-II, Dhanbad vide his judgment in the said suit dated 06.02.1990 decreed the suit in favour of the petitioner and declared that the petitioner has the raiyati rights of the properties described in Schedule-B and also granted permanent injunction against the defendants of the suit who are also the respondents of this Writ Petition restraining them from taking any action to 2 W.P.(C) No.7481 of 2017 interfere with the right and possession of the petitioner over the said properties. The said judgment and decree passed by Munsif-II, Dhanbad dated 06.02.1990 has remained unchallenged and has reached finality and binding upon the respondents. 4. Hence, it is submitted by the learned counsel for the petitioner that the prayers made in this Writ Petition be allowed. 5. Learned counsel for the respondents submits that the tank in question has been registered in the name of Bihar Government. It is next submitted that the Department of Revenue and Land Reforms by issuance of notification dated 09.02.2007 has notified Mouza No.42 of Dhadkidih under Section 83 (2) of the Chota Nagpur Tenancy Act. It is next submitted that even after 11 (eleven) years of the notification, no case has been filed. Hence, it is submitted that this Writ Petition, being without any merit, be dismissed. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, the undisputed fact remains that the Munsif-II, Dhanbad vide its judgment dated 06.02.1990 in Title Suit No.04 of 1987 has decreed the suit of the petitioner filed inter alia against the state of Bihar (now Jharkhand) with costs and declared the raiyati right of the petitioner over the land in question. Now, it is a settled principle of law that the entries in the revenue records do not create any title in favour of the persons in whose favour such entries have been made. Under such circumstances as the right, title and interest of the petitioner has been declared by a competent civil court, in respect of the land which is the subject matter of this writ petition, hence, certainly, this Court has no hesitation in holding that the respondents have no right to put the said tank belonging to the petitioner on auction. 3 W.P.(C) No.7481 of 2017 7. Accordingly, this Court is of the considered view that this is a fit case where a writ of prohibition be issued restraining the respondents particularly the respondent No.5 from auctioning ‘Tundi Khas-Bandh (Tank)’ situated in village- Dhadhki-Tanr, P.S- Tundi, District- Dhanbad bearing Plot Nos.33 and 34 under Khata No.4 measuring an area of 2.17 acres fully described in Schedule B of this Writ Petition and keeping in view the undisputed fact that competent civil court has declared the right, title and interest of the petitioner over the said tank, hence, this is a fit case where a writ of mandamus be issued quashing the extremely short-term auction notice dated 16.08.2017 with regard to the said tank which finds place at item No.9 only. 8. Accordingly, issue a writ of prohibition restraining the respondents particularly the respondent No.5 from auctioning ‘Tundi Khas-Bandh (Tank)’ situated in village- Dhadhki-Tanr, P.S- Tundi, District- Dhanbad bearing Plot Nos.33 and 34 under Khata No.4 measuring an area of 2.17 acres fully described in Schedule B of this Writ Petition and also issue a writ of mandamus quashing the extremely short-term auction notice dated 16.08.2017 with regard to the said tank; which finds place at item No.9 of the said extremely short term auction notice only. 9. This Writ Petition is allowed accordingly. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 18th of January, 2024 AFR/ Animesh 4