Jharkhand High Court
Bablu Tuti vs The State Of Jharkhand & Ors on 30 November, 2022
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 1055 of 2020
Bablu Tuti .... .. ... Petitioner
Versus
The State of Jharkhand & Ors. .. ... ... Respondents
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO .........
For the Petitioner : Mr. Jai Shankar Tripathi, Advocate
For the Respondents/State : Mr. Priyadarshi, G.P.-VI
The matter is being taken up through Video Conferencing. Learned counsel for the parties have no objection with it and submitted that audio and video qualities are good.
......
09/ 30.11.2022.
A counter-affidavit has been filed on 28.11.2022 sworn by Rahul Kumar Sinha, S/o Vijay Kumar Sinha, Deputy Commissioner, Ranchi, stating therein at paras 7 and 11 that:-
"7.That it is stated and most respectfully submitted that the Counter-affidavit dated 19.10.2022 was filed after affidavit was sworn by Sri Binod Prajapati, Circle Officer, Namkum. The said Binod Prajapati though posted and working as Circle Officer, Namkum, but is in the rank of Sub-Divisional Officer equivalent to Under Secretary vide notification No.3539, dated 08.06.2022. Under such circumstance the Circle Officer, Namkum namely Binod Prajapati was authorized by the deponent vide letter no.3336 dated 15.10.2022 to swear the counter-affidavit which is in consonance with the letter as contained in legal cell Misc.04-01/2019 Karmic 3607/ Govt of Jharkhand dated 13.06.2022.
11.That before para-wise reply to the present writ petition the answering respondent like to place certain important facts before this Hon'ble Court for the better adjudication to this case.
(i) That the present writ has been filed by the petitioner pray for removing the name of Jhalak Roy, Ajit Roy and others from Khata No.533, 534, which petitioner and exclusively belongs others.
(ii)That it is stated and submitted that the Circle Officer Namkum got the matter enquired by the concerning Revenue Sub Inspector and Circle Inspector Namkum. On enquiry it has been held that the land of Mouza-Ulatu, P.S. Namkum, P.S. No.339, Khewat No.05, Khata No.533 & 534, Plot No.7874, 7889 and 8065, area-0.79 acre, 0.27 acre, 0.17 acre and 1.30 acre respectively is recorded in the name Chotrai Lohar and Balku Lohar, S/o Budhu Lohar in RS Khatiyan.
(iii)That it is stated and submitted that the according to RS Khatiyan Khata No.534, Plot No.8061, 8062, 8064 and 8066, area 0.31 acre, 0.08 acre, 0.16 acre and 0.95 acre is recorded Kaimi, in the name of Chotrai Lohar, S/o Budhu Lohar.
(iv)That it is humbly stated that the total area of khatiyan in Khata No.533 and 534 is 26.82 acre and 1.97 acre respectively.
(v)That it is stated and submitted that the jamabandi the name of Chotrai Lohar, S/o Budhu Lohar is recorded in register-II of Khata no.533, area 22.10 acre.
(vi)That it is stated and submitted that the jamabandi in the name of Somra Lohar, S/o Chotrai Lohar is recorded in register-II of khata no.534, area 1.97 acre.
Learned counsel for the respondents-State, Mr. Priyadarshi, G.P.-VI has submitted that above-mentioned land was purchased by Most Mangri Mundain, W/o Babu Sidam Roy and Most. Srimati Narwada Kuwar, W/o Babu Sidam Ray vide sale deed bearing no.364 dated 19.01.1942 from khatiyani raiyat Chotrai Lohar, S/o Budhu Lohar. Thus, Most. Mangri Mundain, W/o Babu Sidam Roy and Most. Srimati Narwada Kuwar, W/o Babu Sidam Ray got valid and exclusive right title and interest in land in question and the present jamabandi in the name of -2- Jhalak Ray, S/o Sidam Ray is recorded in register-II of Village- Ulatu (Namkum) Khata No.533 and 534, total area 4.03 acre.
On the other hand, the Deputy Commissioner, Ranchi is mentioning in his counter-affidavit at para 9 that writ petition involves disputed question of title cannot be adjudicated in a writ petition under Article 226 of the Constitution of India as such, the writ petition is devoid of merit and liable to dismissed. This Court fails to understand where Revenue Authority has been given authority to decide title of the person, on the basis of the registered sale deed. The Revenue Authority has to only show the process of mutation as envisaged under the Bihar/ Jharkhand Tenant's Holdings (Maintenance of Records) Act, 1973. It was expected from the Deputy Commissioner, Ranchi that he could have explained before this Court by seeing the process of mutation in the name of Jhalak Ray, S/o Sidam Ray with regard to Khata No.533 and 534 total area-4.03 acre in Village- Ulatu (Namkum), but instead of showing the procedure of mutation the Deputy Commissioner has declared the title of person on the basis of registered sale deed.
This Court is of the opinion that registered sale deed may be valid and may not be valid and declaration is to be done by the competent Civil Court of law. The Deputy Commissioner or the Revenue authority has no right to decide it. Thus the Deputy Commissioner, Ranchi is directed to file supplementary counter-affidavit from the record while recording the land in Register-II in the name of Jhalak Ray, S/o Sidam Ray with regard to Khata No.533 and 534 total area-4.03 acre in Village- Ulatu (Namkum) what was the procedure and what was the number of mutation case? Whether the notice was sent to the vendor and whether the notice was sent to the public and what was the procedure adopted by the then Circle Officer to create mutation in favour of the person? Why the Circle Officer at that time has not said, if any objection was there that party aggrieved may go before Civil Court for adjudication of title and after declaration of the title, the land will be mutated as per the decree passed by the Civil Court.
Let a copy of this order be communicated to the Advocate General, Jharkhand, Secretary, Revenue, Registration and Land Reforms, Government of Jharkhand as well as the Deputy Commissioner, Ranchi through FAX/ e-mail. The Deputy Commissioner, Ranchi is directed to file a detail supplementary counter-affidavit in a person by 14.12.2022.
Put up this case on 16.12.2022 under the same heading.
R.S. (Kailash Prasad Deo, J.)