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Showing contexts for: procured document in Godabari Devi vs State Of Jharkhand & Ors on 22 September, 2017Matching Fragments
4. Mr. J.P. Jha, learned Sr. counsel assisted by Mr. Shree Prakash Jha, learned counsel for the petitioner submits that the report submitted by the Circle Officer, Deoghar is not sustainable as the same was merely a procured document submitted by the Karamchari. There was never any enquiry and the alleged report was a collusive table work prepared at the instance of the opposite party. The mechanical way of working is evident from the fact that Karamchari recommended for mutation of Plot No. 1141 also with other plots when plot no. 1141 was not even land recorded under Jamabandi No. 6 or belonged to Mt. Kamali Devi. Learned Sr. Counsel further submitted that the petitioner was intentionally not made party before the Deputy Collector and notice issued to 16 Annas Raiyats were not validly served and manipulated service report was submitted at the instance of opposite party no. 1. Learned counsel further submitted that the Deputy Collector, Land Reforms, Deoghar had miserably failed to appreciate that the respondent nos. 6 and 7 have been able to procure a manipulated report from the Karamchari and further the Additional Collector, Deoghar had wrongly held that the documents did not seem to be a genuine one in absence of any expert opinion. The Additional Collector as well as the Deputy Collector, Land Reforms have failed to see that the respondent nos. 6 and 7 have no right and title on the landed property in question and thus no order of mutation could have been passed in their favour and as such, the order of the Additional Collector, Deoghar dated 27.06.1998 in Rev. Misc. Appeal No. RC 67/1993 - 94 [Annexure1] and the order of the D.C.L.R. Deoghar dated 28.02.1994 in Mutation Case No. 3/1993 - 94 [Annexure1/A] are fit to be quashed. Learned Sr. Counsel further submitted that the petitioner had submitted all the legal and valid documents so as to prove that the landed property situated in Jamabandi No. 6 is a nontransferably land and the authority under the Mutation Law has no jurisdiction to entertain any petition for mutation. Learned Sr. Counsel further submitted that the the Additional Collector as well as the Deputy Collector, Land Reforms, Deoghar have failed to see that the fixation of rent and entry of names of the Raiyats in the land lord Sarista are being made by the settlement authority in entire Deoghar District after Notification under Section 9 of the Santhal Paragana Settlement Regulation No. 3 of 1872 and such power of enquiry into the landed rights are to be made in view of Sections 12 and 13 of the said Regulation and for that purpose, the SubDivisional Officer of Deoghar has also been appointed as the Assistant Settlement Officer but the Deputy Collector, Land Reforms, Deoghar as well as the Additional Collector, Deoghar have exceeded their jurisdiction to usurp the power of Settlement Court. Learned Sr. Counsel further submitted that the finding of the Additional Collector with regard to documentary evidence is perverse and wrong and as such the same is fit to be quashed by this Court. Learned Sr. Counsel further pointed out that under the wrong legal advice Revenue (M) Revision No. 3/9899 was filed by the petitioner before the Commissioner, which was disposed of as being not maintainable on 22.10.2002 (Annexure