Research › Search › Judgment

Patna High Court · body

2024 DIGILAW 8 (PAT)

Narad Yadad v. State of Bihar

2024-01-03

PRABHAT KUMAR SINGH

body2024
Prabhat Kumar Singh, J.—This writ application has been filed on behalf of petitioner for issuance of direction to the respondents to refrain from taking over the raiyati land of the petitioners at village – Kanhauli, Gram Panchayat Baltara, under Mauza – Baltara, Khata No. 293, Khesra No. 1467, Area total 10 katha 3 dhur land. 2. The case of the petitioner is that the land in question is a settled land to the ancestors of the petitioners through the Zamindar namely Roy Bahadur Devnandan Prasad Singh in the year 04.12.1943. Subsequently, the Khata no. 293, Khesra no. 1467, Mauza - Baltara under Panchayat - Baltara was divided among the co-parcenor Shri Bhagwat Yadav son of Yadu Yadav, who executed a registered sale-deed dated 15.11.1995 in favour of Shri Rana Kumar Singh of an area of 10 katha 5 dhur pertaining to Khata no. 293, Khesra no. 1467 and remaining 10 katha 6 dhur land came in the share of the petitioners, who are sons of late Nageshwar Yadav @ Nago Yadav and pursuant to that, the land was mutated and Jamabandi has been created, as indicated in the writ application. Respondent no. 8 Mukhiya of the Gram Panchayat, in collusion with other State respondents, have forcibly constructed Panchayat Sarkar Bhawan over the raiyati land of the petitioners without any notice or initiation of any land acquisition proceeding. After knowing the aforesaid fact, the petitioners filed application before the District Magistrate, Khagaria and other concerned respondents, but till date, no action has been taken in this regard. Hence interference is required by this court. 3. Learned counsel for the petitioners submits that the land in question was settled by the then Zamindar in 1943 to the ancestors of the petitioners. Thereafter, the name of the petitioners’ ancestors was entered in Register II as Raiyat and Jamindari was created and petitioners have been paying rent regularly to the State Government. He further submits that the continued long possession of the land in question by the petitioners, after creation of right in their favour, ousts the jurisdiction of the respondent- Authorities to unsettle the same by merely doubting the same and that too without following the due process of law. 4. He further submits that the continued long possession of the land in question by the petitioners, after creation of right in their favour, ousts the jurisdiction of the respondent- Authorities to unsettle the same by merely doubting the same and that too without following the due process of law. 4. In this case, a counter affidavit has been filed on behalf of respondents/State and in paragraph – 5 of the same, it has been stated that the land in question is Gair-majrua khas land. In Cadestral Survey Khatiyan, the above said land is described as “Jungle” (Forest), which is government land not raiyati land. In the entire district of Khagaria, the records of Cadestral Survey Khatiyan is in continuation, as no revisional survey has been carried out. It has further been stated in the counter affidavit that the Circle Officer has already sent the Jamabandi cancellation proposal, vide Case no. 03/2022-23, based on it, Jamabandi Cancellation Case no. 206/2022-23 has been instituted in the court of Additional Collector, Khagaria and hence, the instant writ petition is fit to be dismissed. 5. A counter affidavit has also been filed on behalf of respondent no. 8 wherein it is stated that the proposal for construction of Panchayat Sarkar Bhawan has been sanctioned by the Collector, Khagaria and Panchayat Sarkar Bhawan is almost complete and only plaster work is to be done. Learned counsel for the respondent no. 8 submits that as per resolution of Revenue and Land Reforms, Govt. of Bihar, the petitioners does not fulfill the requirements ¼[k½ ,oa ¼Ä½ which are as follows:— ¼[k½ ;fn HkwriwoZ eè;orhZ }kjk lknk gqdqeukek ,oa fjVuZ esa jS;r dk uke fn;k x;k gS] gqdqeukek 01-01-1946 ls iwoZ dk gS vkSj ljdkjh yxku jlhn tehUnkjh mUewyu ds o"kZ ls dV jgh gS rks ;g Hkwfe jS;r@muds mÙkjkfèkdkjh dh jS;rh ekuh tk;sxhA ¼Ä½ ;fn xSjet:vk Hkwfe dh tekcanh fcuk fdlh vkèkkj ds py jgh gS rks fcgkj nkf[ky [kkfjt fu;ekoyh] 2012 ds fu;e 13 ds vUrxZr tekcanh jn~nhdj.k dh dkjZokbZ dh tk;sxh ,oa Hkwfe ljdkjh ekudj vxzrj dkjZokbZ dh tk;sxhA 6. It is not in dispute that the land in dispute was settled by the ex-landlord in favour of ancestors of the petitioners in 1943, before the date of vesting and enforcement of Bihar Land Reforms Act, 1950. Jamabandi was created and petitioners have regularly paid rent. It is not in dispute that the land in dispute was settled by the ex-landlord in favour of ancestors of the petitioners in 1943, before the date of vesting and enforcement of Bihar Land Reforms Act, 1950. Jamabandi was created and petitioners have regularly paid rent. It is also not in dispute that till date, the settlement of land Jamabandi, which is running in favour of the petitioners, has not been cancelled by proper procedure of law. 7. Having heard learned counsel for the parties and perused the materials available on record, this Court is of the opinion that the State cannot be permitted to acquire the land of the petitioners, without initiation of any land acquisition proceeding, and construct Panchayat Sarkar Bhawan over the same, since the land in question is still in peaceful possession of the petitioners since long pursuant to a settlement made in the year 1943 by ex-landlord. The right, title and interest of the petitioners can only be defeated by the State by challenging the same in a Title Suit in the competent Civil Court and not merely doubting the Jamabandi in question. The State cannot be allowed to take steps for cancellation of Jamabandi with a view to deny the compensation to the land holders. Long standing Jamabandi cannot be cancelled and petitioners should not be evicted without payment of compensation by the State. 8. This Court, in the case of State of Bihar & Ors. vs. Harendra Nath Tiwary reported in (2015) 1 PLJR 606 , the High Court has held that long standing Jamabandi cannot be cancelled by State by simply doubting the Jamabandi. The State has to file suit for cancelling long standing Jamabandi. 9. In view of aforesaid discussion, this writ application succeeds and accordingly, respondents are directed not to interfere with the peaceful possession of the land of the petitioners, bearing Khata No. 293, Khesra No. 1467, Area total 10 katha 3 dhur land. If the State wants to challenge the same, they can file title suit in the competent Civil Court. 10. With the aforesaid observations and directions, the writ application is allowed.