Jharkhand High Court
Uday Shankar Gupta vs Thestate Of Jharkhand on 9 August, 2021
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.2612 of 2021
Uday Shankar Gupta ..... ... Petitioner
Versus
1. TheState of Jharkhand
2. TheDeputy Commissioner, Dhanbad.
3. TheLand Reforms Deputy Collector, Dhanbad.
4. TheCircle Officer, Govindpur Circle, Dhanbad.. .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Lukesh Kumar, Advocate
For the Respondents : Mr. Sushavan Bhowmik, A.C. to S.C. VI
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03/09.08.2021 The present writ petition is taken up today through Video
conferencing.
2. The present writ petition has been filed for issuance of direction upon the respondents to open "continuous khatiyan" and "Tenants' Ledger Register" in the name of the petitioner and his family members by deleting the name of erstwhile khatiyani raiyat from survey settlement records. Further prayer has been made for issuance of direction upon the respondents not to harass the petitioner. The petitioner has also prayed for issuance of direction upon the Circle Officer, Govindpur Circle, Dhanbad-the respondent no.4 to dispose of his representations which have been submitted several times before the respondent no.4 with request to open a "continuous khatiyan" and "Tenants' Ledger Register"
in the name of the petitioner and his family members by deleting the name of the erstwhile khatiyani raiyat from the survey settlement records.
3. Learned counsel for the petitioner submits that the land in question is situated at Mouza Amaghata, Mouza No.170, C.S. Khata No.74 (R.S. Khata No.183), C.S. Plot Nos.202, 203, 204 (R.S. Plot No.1196) measuring an area of 39 decimals, C.S. Plot Nos.205, 206 (R.S. Plot No.1191) measuring an area of 64 decimals, C.S. Khata No.74 (R.S. Khata No.182) C.S. Plot No.207 (R.S. Plot No.224) measuring an area of 50 decimals, C.S. Plot No.207 (R.S. Plot No.1192) measuring an area of 130 decimals, C.S. Plot No.228 (R.S. Plot No.227) measuring an area of 6 decimals, C.S. Plot No.229 (R.S. Plot No.226) measuring an area of 10 decimals, C.S. Khata No.74 (R.S. Khata No.189), C.S. Plot No.227 (R.S. Plot No.225) measuring an area of 14 decimals, C.S. Plot No.229 (R.S. Plot No.228) measuring an area of 4 decimals, total measuring an area of -2- 3.22 acres situated at Dhanbad. It is further submitted that the land in question is recorded in the name of Sethmal Bhagat and others in last cadastral survey settlement record of rights. The entire land in question was transferred in the name of Shyam Sundar Sao through registered sale deed no.4135 dated 21st March, 1960 and the mutation was done in his favour. He also paid rent to the Government. The said Sundar Sao died leaving behind his three sons, namely, Ram Briksh Sao, Jagannath Sao and Kanta Prasad Sao who were in peaceful possession over the land in question after the death of their father. It is also submitted that Ram Briksh Sao, Jagannath Sao and Kanta Prasad Sao all sons of Late Shyam Sundar Sao jointly sold and transferred the land in question to Ramjanam Gupta and his wife, namely, Laxmini Devi through registered sale deed no.2553 dated 21st December, 1973 and came in peaceful possession over the land in question since the date of purchase. They had applied for mutating the land in question in their favour in the office of the respondent no.4 vide Mutation Case No.201(VI)/88-89 and the same was allowed vide order dated 30th March, 1989 by issuing correction slip for the land in question, wherein, they were shown as raiyats. The names were corrected in the Register-II and fresh Jamabandi was created vide Jamabandi No.347. They have been regularly paying rent to the State Government since the date of mutation and rent receipts have also been issued in their favour. The latest rent receipt has been issued on 15th March, 2020 for the period 2019-20. It is also submitted that after the death of Ramjanam Gupta and his wife, namely, Laxmini Devi, their legal heirs, namely, Uday Shankar Gupta (the petitioner herein), Shyam Kumar Gupta, Kishore Kumar Gupta, Ashok Kumar Gupta and Tara Devi inherited right, title and interest with joint possession over the land in question. After the death of parents of the petitioner, the petitioner is paying rent to the State Government. It is further submitted that so far as the part of land in question situated at Mouza Amaghata, Mouza No.170, C.S. Khata No.74 (R.S. Khata No.183), C.S. Plot No.202, 203, 204 (R.S. Plot No.1196) measuring an area of 39 decimals and C.S. Plot No.205, 206 (R.S. Plot No.1191) measuring an area of 64 decimals are concerned, "continuous khatiyan" has been issued by the respondent no.4 in favour of parents of the petitioner. So far as the rest of the land in question are concerned, no "continuous khatiyan" has been issued in favour of the -3- petitioner and other legal heirs, and the name of erstwhile khatiyani raiyat, namely, Shethmal Bhagat is being shown. The petitioner requested several times to the concerned authorities to make correction in the Survey Settlement Records and to open "continuous Khatiyan" in his favour and other legal heirs but till date no action has been taken by the respondent authorities. The petitioner filed a representation before the respondent no.4 on 7th July, 2021 requesting inter alia to make necessary correction in the revenue records and to enter his name as well as of other legal heirs by deleting the name of erstwhile Khatiyani raiyat, namely, Shethmal Bhagat from the survey settlement records and further to open "continuous khatiyan" in their favour. However, the said representation has not been responded till date. Hence, the present writ petition.
4. Mr. Sushavan Bhowmik, learned A.C. to S.C. VI appearing on behalf of the respondents submits that if the petitioner and other legal representatives of Ramjanam Gupta and Laxmini Devi file fresh representation with regard to the present issue before the respondent no.4, an appropriate decision will be taken in accordance with law.
5. Having heard learned counsel for the parties and keeping in view the nature of the prayer made by the petitioner in the present writ petition, without entering into the merit of the case, the petitioner and the legal representatives of Ramjanam Gupta and Laxmini Devi are given liberty to file fresh application on the present issue along with relevant documents before the respondent no.4- The Circle Officer, Govindpur Circle, Dhanbad. On receipt of the said representation, the respondent no.4 after verifying the records and on providing due opportunity of hearing to them/their representative as well as other concerned persons (if so required), shall take an appropriate decision in accordance with law within a period of three months from the date of filing of the application.
6. The present writ petition is, accordingly, disposed of with aforesaid liberty and direction.
(Rajesh Shankar, J.) Rohit