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2025 DIGILAW 293 (JHR)

Mithlesh Singh v. Secretary of Home Department, State of Jharkhand

2025-02-06

RAJESH SHANKAR

body2025
JUDGMENT : 1. The present writ petition has been filed for issuance of direction upon the respondent authorities not to evict/dispossess the petitioners from their raiyati land appertaining to Khata No. 188, Plot No. 10/G, Village-Basdah, Thana No. 184, P.S-Patan, District-Palamau, measuring total area of 56.96 Acres (the petitioners’ share is half i.e. 28.48 Acres) as the respondent authorities have illegally demarcated and prepared a wrong trace map of Plot No. 10/G instead of Plot No. 10/A of Village-Basdah. Further prayer has been made for providing protection to the petitioners against their illegal dispossession/eviction from the said land as the respondent Nos. 6 & 7 are trying to dispossess/evict them. 2. Leaned Sr. counsel for the petitioners submits that Mouza-Basdah belonged to the share of Zamindar Khewat in British era. On survey, it was found that the land of Mouza-Basdah was in possession of the Zamindar as the nature of the land was ‘Bakast’ and ‘Gair Majarua Malik Khewatdar’. The petitioners’ ancestors, namely, Chodhari Mahip Singh and others had converted the said land for cultivation after cleaning the forest and they had got possession of the same. They had filed Partition Suit No. 51/1919 before the Sub-Judge and after primary decree, Takhta No. 4 was allowed to Chodhari Mahip Singh as the defendant No.4 in the said suit and accordingly Chodhari Mahip Singh and thereafter his decedents including the petitioners have been in continuous possession of the said land. 3. It is further submitted that the land of Khata No. 188, Plot No. 10 of Village-Basdah have been divided into Plot Nos. 10/A, 10/B, 10/C, 10/E, 10/F, 10/G & 10/D. Plot No. 10/D is boundary of Village-Basdah and thereafter there are the lands of Village-Mahuliya, which is clear from the village map issued by the respondent authorities. 4. It is also submitted that after vesting of Zamindari, the land of Khata No. 188, Plot No. 10/G of Village-Basdah, measuring total area of 56.96 Acres has been in possession of the sons of Chodhari Mahip Singh, namely, Mukutdhary Singh and Girwar Singh. The then State of Bihar also found that the said lands were in their peaceful cultivating possession and the same has been shown in Bujharat Register of Revenue Department. The said lands were in continuous peaceful possession of their ancestors and thereafter of the petitioners. 5. The then State of Bihar also found that the said lands were in their peaceful cultivating possession and the same has been shown in Bujharat Register of Revenue Department. The said lands were in continuous peaceful possession of their ancestors and thereafter of the petitioners. 5. It is further submitted that the petitioners have been in peaceful possession of Plot No. 10/G, Khata No. 188 of Village-Basdah for more than 100 years and the rent receipts were also issued in their favour. Despite that the respondent No.6 as well as the other revenue officials i.e. Karamchari, Circle Inspector and Amin along with police force came over the petitioners’ land situated over Plot No. 10/G, Khata No. 188 of Village-Basdah on 29.08.2024 erroneously claiming the same as Plot No. 10/A. They also forcefully demarcated the said land and also erected pillars over Plot No. 10/G, Khata No. 188 of Village-Basdah, which belongs to the petitioners. The petitioners have represented various authorities including the respondent No.2 in this regard, however, having got no response on the same, they have been compelled to prefer the present writ petition. 6. Mr. Ashwini Bhushan, learned A.C to Sr. S.C-II appearing on behalf of the State-respondents, submits that the petitioners have made a factual claim that in the trace map prepared at the instance of the respondent No.6, Plot No. 10/G, over which they are in peaceful possession, is being shown as Plot No. 10/A. Hence, if the petitioners prefer a fresh representation on the present issue before the respondent No.2, an appropriate enquiry in this regard will be conducted by the said respondent so as to avoid any further confusion with respect to the identification of Plot No. 10/G vis-a-vis Plot No. 10/A. 7. Having heard learned counsel for the parties and keeping in view the nature of the prayer made in the present writ petition, without entering into the merit of the case, the petitioners are given liberty to prefer a fresh representation along with the relevant documents on the present issue before the respondent No.2. On receipt of the said representation, the respondent No.2 shall get an enquiry conducted by a team of officers/officials headed by the respondent No.5 within six weeks from the date of filing of the said representation and pass appropriate order within two weeks thereafter. On receipt of the said representation, the respondent No.2 shall get an enquiry conducted by a team of officers/officials headed by the respondent No.5 within six weeks from the date of filing of the said representation and pass appropriate order within two weeks thereafter. The respondent No.2 shall communicate the order as well as the enquiry report to the petitioners within one week thereafter. 8. The present writ petition is accordingly disposed of with the aforesaid liberty and direction.