Md. Suleman vs State of Jharkhand And Ors

The present writ petition is taken up today through Video            conferencing.

At the request of learned counsel for the petitioner, the defect nos.2 and 3, as pointed out by the office are ignored.

The present writ petition has been filed for issuing direction upon the respondent no.2-Land Reforms Deputy Collector, (Barhi) Hazaribag to forthwith dispose of Jamabandi Cancellation Case No.29 of 2016 in accordance with law.

Learned counsel for the petitioner submits that the petitioner is one of the successors of occupancy raiyat with respect to the land of village Jawanpur, Khata No.37, Plot Nos.234, 241 and 242 measuring total area of 0.41 acre. It is further submitted that the petitioner used to be out of his village for earning his livelihood. However, after return to his village and on making inquiry about his immovable properties, he came to know that the rent receipts had been issued in the name of the mother of the respondent no.4-Samsuddin Khan with respect to the land measuring an area of 0.04 acre of Khata No.37, Plot No.242 on the basis of 'Basgit Parcha', irrespective of the fact that Halka Karmachari while submitting his report had categorically mentioned that the name of the petitioner's ancestors were mentioned in the cadastral survey and the settlement records. It is also submitted that due to issuance of Basgit Parcha in favour of the mother of the respondent no.4 and opening of Jamabandi in her name for an area of 0.04 acre has deprived the petitioner of his rightful possession over the said land. The petitioner represented before the respondent-authorities agitating the said issue, however, the same remained un-responded. Finally on 27th October, 2016 the petitioner filed Jamabandi Cancellation Case No.29 of 2016 in the court of Land Reforms Deputy Collector, Barhi (Hazaribag) against the respondent no.4. The main grievance of the petitioner is that even after lapse of about four years from the date of filing of the said case in the court of Land Reforms Deputy Collector, Barhi (Hazaribag), the same has not yet been disposed of. Hence, the respondent no.2 may be directed to dispose of the said case without any further delay.

Mr. Munna Lal Yadav, learned S.C. (L&C) III submits that if the Jamabandi Cancellation Case No.29 of 2016 has not been disposed of, all sincere steps shall be taken by the respondent no.2 to forthwith dispose of the same in accordance with law.

Having heard learned counsel for the parties and keeping in view the limited prayer of the petitioner, without entering into the merit of the case, the respondent no.2 is directed to expedite the hearing of Jamabandi Cancellation Case No.29 of 2016 and to dispose of the same in accordance with law after providing due opportunity of hearing to the petitioner and the private respondents within a period of three months from the date of receipt/production of a copy of this order.

The present writ petition is, accordingly, disposed of with aforesaid direction.