Chetman Kumar vs. Narendra Butala& Anr.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Miscellaneous Appellate Jurisdiction)

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M.A. No. 631 of 2017

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Chetman Kumar		<br>Appellant
	Versus
Narendra Butala & another		Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO

For the Appellant	: Mr. Mahesh Tewari, Advocate
For the Respondents	: Mr. Atanu Banerjee, Sr. S.C.III
-	Ms. Moushmi Chatterjee, A.C. To Sr. S.C. III

14/Dated: 27/09/2019

Pursuant to the orders dated 05.07.2019, 26.07.2019 and 06.09.2019,

the affidavit has been filed by the Deputy Commissioner, Ranchi on

25.09.2019, stating therein that the land of Mouza- Lalpur, P.S. No.197 M.S.

Plot No.1359, corresponding K.M. Plot No.30, Town Anchal, Ranchi is a

Kasmahal leasehold property of the Government.

Paragraph nos. 3, 4, 5, 6, 7, 8 and 9 are profitably quoted hereunder:-

"1. That the Deputy Commissioner, Ranchi got the matter with regard to legal status of the land of Mouza- Lalpur, P.S. No.197 M.S. Plot No.1359 corresponding K.M. Plot No.30 enquired by the Circle Officer, Town Anchal, Ranchi/Deputy Collector, Land Reforms, Sadar Ranchi vide order containe in Memo No.1254(ii), dated 29.07.2019. The said Revenue Officials submitted their joint enquiry report which is annexed as Annexure-A.

2. That on enquiry it has been held that the land of Mouza-Lalpur P.S. No.197, M.S. Plot No.1359 corresponding K.M. Plot No.30 is Khasmahal lease land property of the Government. It is further submitted that the land of M.S. Plot No.1359 corresponding K.M. Plot no.30 total area 1 acre 81 decimal was leased out with Smt. Umasashi Chandra, W/o Jyotindra Nath Chandra, resident of Village- Lalpur, District-Ranchi under registered lease for 25 years i.e. from 01.04.1941 to 31.03.1966 vide registered lease agreement no.591 dated 30.01.1942.

3. That the Deputy Commissioner, Ranchi got the matter with regard to legal status of the land of Mouza- Lalpur P.S. No.197, M.S. Plot No.1359 corresponding K.M. Plot No.30 enquired by the Circle Officer, Town Anchal, Ranchi/ Deputy Collector, Land Reforms, Sadar Ranchi vide order contained in Mmo no.1254(ii), dated 29.07.2019. The said Revenue Officials submitted their joint enquiry report which is annexed as Annexure-A.

4. That on enquiry it has been held that the land of Mouza-

Lalpur P.S. No.197, M.S. Plot No.1359 corresponding K.M. Plot No.30 is Khasmahal lease land property of the Government. It is further submitted that the land of M.S. Plot no.1359 corresponding K.M. Plot no.30 total area 1 acre 81 decimal was leased out with Smt. Umasashi Chandra, W/o Jyotindra Nath Chandra, resident of Village- Lalpur for 25 years i.e. from 01.04.1941 to 31.03.1966 vide registered lease agreement no.591 dated 30.01.1942.

5. That it is further submitted that the said land was again leased out with the said lessee for 30 years i.e. from 01-04- 1996 to 31-03-1996 vide registered lease agreement no.12901 dated 27.06.1973.

6. That the Lessee has not renewed the lease after 31.03.1996. It was clearly mentioned in para 14 of the terms and conditions of the lease agreement dated 27.06.1973 "that 3 months prior to the expiration of the said term the lessee shall notify the Deputy Commissioner that he is desirous of taking a new lease of the said premises and shall have duly observed and performed all the terms and conditions of this lease, he shall on the expiry of the term of this lease be entitled to a renewed lease of the said premises for a further term of 30 years and at such rent not exceeding twice the rent payable under this lease as may then be fixed by the Deputy Commissioner but otherwise on the said terms and conditions and subject to the convenants and agreements other than this convenants for renewal as are contained in this lease in the event of the lessee not taking a new lease as aforesaid or on the expiration of the renewed lease as the case may be lessee shall not be entitled to any compensation for any buildings/structures or improvements erected or made by him upon the said premises nor shall he be entitle to dismantle or remove any such buildings or structures and the Deputy Commissioner may re enter on the said premises and take possession of the lands, buildings and structures which shall their upon vest absolutely in the lessor. Not in exceptional cases in which there is prospect of abnormal development the renewal clause will either have to be modified to suit local conditions or omitted all together all such cases shall be referred for the orders of government." The lessee or her successors have violated the above terms and conditions of the lease agreement by not taking any interest for the renewal of the said lease.

The plaintiff has mentioned in the plaint about the WILL and its Probate by the Hon'ble Kolkata High Court. This is to mention that the Collector, Ranchi has no knowledge of either WILL or Probate.

From the available Revenue Records it appears that multiple transactions have taken place for the leased land without the permission of the Collector, Ranchi which is in contravention of the provisions of the Khasmahal Manual and hence, it is void ab initio in law.

From the available Revenue Records it appears that Jamabandi has been created in favour of several persons

which is in contravention of the provisions of the Khasmahal Manual and hence, it is void- ab initio in law. It requires a detailed enquiry/investigation to find out the persons/officials involved in these transactions.

7. The present occupants on the leased land are in illegal occupation of the land for which legal corrective action will be taken by the concerned Revenue Authorities.

8. Transfer of leased land by Sale is permissible under Rule-154 & 155 of the Khasmahal Manual which are as follows:- Rule. 154 – Proposal for sale - The sale of Government estate requires the previous sanction of Government to which proposals will be submitted by the Collector through the Commissioner and the Board, full poarticulars being mentioned in the forms of statements A and B given in Appendix C. The rules in this Chapter apply to the sale of the classes of interests including proprietary interest held by Government in estates or lands.

Rule. 155- Method of sale – Sales will be held by the Collector in person and at the Collectorate unless the Commissioner directs otherwise in a particular case. Estates must be sold by public auction to the highest bidder above the upset price, and after advertisement.

The lessee or her successors have not taken the approval of the Collector, Ranchi or the Government.

9. This is to mention that the lessee has not only violated the terms and conditions of the lease agreement but also the provisions of the Khasmahal Manual."

From perusal of the counter-affidavit filed by the Deputy Commissioner, Ranchi this Court deems fit and proper to invite the attention of the Chief Secretary of the State of Jharkahnd as Government land is being encroached by the people in connivance with the Circle Officers and other Government officials. It is of great significance for the public importance that Government lands are being taken on lease and because of lackluster attitude of the Government officials those are being usurped illegally by the occupants though they have no title or validity of the possession. Since the Government officials are not taking interest in safeguarding the Government property, this creates another problem for the government as well as the Court in removing such persons after they are in possession over the land for several years unauthorizedly, as such Chief Secretary, State of Jharkhand is requested to assist the Court as this case is of great significance for treating it to be a

remedial method for Government land.

Let the case be listed on 25.10.2019 at 10:30 A.M. as a first case.

If the Chief Secretary, State of Jharkhand likes to assist he may appear before this Court and also allowed to file affidavit.

In the meantime, learned counsel for the appellant is at liberty to file rejoinder to the counter-affidavit.

Let a report be called for from the learned Judicial Commissioner, Ranchi regarding the Stamp Reporting made by the Seristedar of the Civil Court in the Title Suit regarding maintainability of the suit and necessary parties / defendants in the suit, when suit land is Khasmahal land.

The report be submitted by learned Judicial Commissioner, Ranchi by 22.10.2019.

Let a copy of this order be communicated to the Chief Secretary, Government of Jharkhand, Judicial Commissioner, Ranchi and a copy be served upon learned Senior S.C. III for necessary compliance at once.

sandeep/R.S.- (Kailash Prasad Deo, J.)