Mongla Oraon And Others vs State Of Jharkhand And Others

Rajesh Shankar, J

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

At the request of the learned counsel for the petitioners, the remaining defects as pointed out by the office are ignored.

The present writ petition has been filed for issuance of direction upon the respondent no. 4-the Circle Officer, Senha, Lohardaga to take appropriate decision on the petitioners' representations filed against running of double jamabandi of the respective land in favour of the petitioners as well as the respondent no. 5.

The learned counsel for the petitioners submits that the petitioner no. 1 is the descendant of khatiyani raiyat Mahadev Oraon having lawful title in old khatiyan Khata No. 1, Plot No. 611, measuring an area of 38 decimals, at present recorded in new khatiyan Khata No. 48, Plot No. 694, measuring an area of 14 decimals of village-Echri, Circle-Senha, District-Lohardaga. The ancestors of the petitioner no. 1 came in possession of the said land by virtue of Sada Hukumnama executed on 05.04.1946 and thereafter since 1948, the rent receipts are being issued in favour of Mahadev Oraon (the ancestor of the petitioner no. 1). So far as the petitioner no. 2 is concerned, he is khatiyani raiyat of old khatiyan Khata No. 1, Plot No. 614, measuring an area of 34 decimals, at present recorded in new khatiyan Khata No. 57, Plot No. 688, measuring an area of 42 decimals of village-Echri, Circle-Senha, District-Lohardaga. The ancestors of the petitioner no. 2 came in possession of the said land by virtue of Sada Hukumnama executed on 05.03.1944 and thereafter since 1948, the rent receipts were being issued in favour of the ancestors of the petitioner no. 2, which is presently being issued in the name of the petitioner no. 2 and his brother namely, Shivcharan Oraon. The petitioner no. 3 is the descendant of khatiyani raiyat namely, Jauru Oraon recorded in old khatiyan Khata No. 1, Plot No. 610, measuring an area of 41 decimals, at present recorded in new khatiyan Khata No. 20, Plot No. 682, measuring an area of 41 decimals of village-Echri, Circle-Senha, District-Lohardaga. The ancestors of the petitioner no. 3 came in possession of the said land by virtue of Sada Hukumnama on 15.04.1946 and thereafter since 1948, the rent receipts are being issued in favour of the said raiyat. It is also submitted that the petitioners came to know that double jamabandi with respect to the aforesaid land is running, as the rent receipts for the same are also being issued by the respondent no. 4 in favour of the respondent no. 5. Aggrieved with the said situation, the petitioners represented the respondent no. 4 on 16.05.2019 (copies of which have been annexed as Annexure-3 series to the writ petition), however, no action was taken by the respondent no. 4 on the said representations. Hence, the present writ petition.

Mr. Indranil Bhaduri, the learned SC-IV appearing on behalf of the respondent nos. 1 to 4, submits that the claim of the petitioners is required to be factually examined by an appropriate authority and hence, if the petitioners prefer fresh representations before the respondent no. 4 on the present issue, an appropriate decision in accordance with law will be taken by the said respondent.

Having heard the learned counsel for the parties and keeping in view the nature of prayer made in the writ petition, without entering into the merit of the case, the petitioners are given liberty to prefer fresh representations along with relevant documents before the respondent no. 4 on the present issue. On receipt of the said representations, the respondent no. 4, after verifying the relevant records and on providing due opportunity of hearing to the petitioners as well as the respondent no. 5, shall take an appropriate informed decision in accordance with law within a period of three months from the date of filing of the said representations.

The writ petition is accordingly disposed of with aforesaid liberty and direction.