Jharkhand High Court
Lakshmi Devi 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.2613 of 2021
Lakshmi Devi ..... ... 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. Jayant Franklin Toppo S.C. VII
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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 by deleting the name of erstwhile khatiyani raiyats 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 her representations which have been submitted several times before the respondent no.4 with the request to open a "continuous khatiyan" and "Tenants' Ledger Register" in the name of the petitioner by deleting the name of the erstwhile khatiyani raiyats from the survey settlement records.
3. Learned counsel for the petitioner submits that the land in question is situated at Mouza-Sabalpur, Mouza No.126, P.S. Saraidhella, District- Dhanbad having several plots of different areas under C.S. Khata No.63 (R.S. Khata No.162), total measuring an area of 10.01 acres, the details of which have been given in paragraph 4 of the writ petition. It is further submitted that the land in question was recorded in the name of Haradhan Kora, Babulal Kora both sons of Nanku Kora and Chamru Kora, Samarin Kora both sons of Raju Kora in last cadastral survey settlement record of rights published in the year 1924-25 which they had surrendered to the ex-landlord through registered Surrender Deed No.1917 dated 1st September, 1942 and put the ex-landlord in possession over the same. It is also submitted that the ex-landlord sold and transferred the said land to Bhikhu Goswami @ Bhikhu Giri son of Megh -2- Lal Goswami through registered sale deed no.1961 dated 11th September, 1942 and put the purchaser Bhikhu Goswami @ Bhikhu Giri in actual possession over the said land. The said Bhikhu Goswami @ Bhikhu Giri applied in the office of the respondent no.4 vide Mutation Case No.61 (VI)/1964-65 for mutating the land in question in his favour and the same was allowed vide order dated 20th April, 1964 by issuing correction slip for the said land showing him as raiyat. The name was corrected in the Register-II and fresh Jamabandi was created vide Jamabandi No.45. He, thereafter, regularly paid rent to the State Government and rent-receipts were also issued in his favour. The latest rent-receipt has been issued for the year 2015-2016. Thereafter, Bhikhu Goswami @ Bhikhu Giri died leaving behind his wife Sharda Devi and daughter Lakshmi Devi (the petitioner herein) who after the death of Bhikhu Goswami @ Bhikhu Giri acquired right, title, interest and possession over the land in question by virtue of inheritance and succession. Subsequently, the State Government decided to make online entries of the land. The land in question has also been duly updated by the State Government in its portal making available the copy of Register-II as well as the rent-receipt for the said land. It is also submitted that the names of Khatiyani holder, namely, Haradhan Kora, Babulal Kora both sons of Nanku Kora and Chamru Kora, Samarin Kora both sons of Raju Kora are still appearing in the survey records. The petitioner several times visited the offices of the concerned authorities with request to make correction in the survey settlement records as well as to open "continuous Khatiyan" and "Tenants' Ledger Register" in the name of the petitioner and her mother. She has represented the respondent no.4 for the said purpose on 7th July, 2021 but till date no action has been taken by the said respondent. Hence, the present writ petition.
4. Mr. Jayant Franklin Toppo, learned S.C. VII appearing on behalf of the respondents submits that if the petitioner files 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 her mother-Sharda Devi are given liberty to file fresh application on the -3- 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 the petitioner and her mother/their representative(s) 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