C.M.P./339/2012 of BUKAN ANSARI SINCE DECEASED AND OTHERS Vs THE STATE OF BIHAR NOW JHARKHAND AND OTHERS on 20 December 2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI

C.M.P. No. 339 of 2012

Md. Jalaluddin Ansari & others....Petitioners

Versus

The State of Bihar, now the State of Jharkhand & others… Respondents

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Coram:THE HON’BLE MR JUSTICE P.P. BHATT-------- For the Petitioners : Mr. D.K. Chakraverty, Advocate For the Respondent-State : JC to GA

For the Respondent No. 6 : Mr. Ashok Kr. Pandey, Advocate (IA No. 3638 of 2012)

/20.12.2013:Present interlocutory application has been filed seeking modification in order dated 10.03.1992, passed in CWJC No. 1583 of 1987 (R).

2. Learned counsel for the petitioners submitted that in the 4th line of 2nd paragraph of order dated 10.03.1992, passed in CWJC No. 1583 of 1987 (R) by this Court, Khata No.2 of village Bukru has been typed instead of Khata No.223 of village Bukru. It was detected when a fresh certified copy of the judgment was obtained on 6.6.2012. According to the learned counsel for the petitioners, Bench copy was issued on 20.4.1992 in which Khata number was corrected by pen as 223 and therefore, certified copy of the judgment obtained by the petitioners on 6.6.2012 is required to be modified and corrected by making it as Khata No.223 of village Bukru.

3. Respondent- State Government was asked to file counter-affidavit after proper verification of the revenue record. Accordingly, respondent No.4 has filed counter-affidavit, inter alia, stating that the respondent-authority got the matter enquired by the Circle Officer, Kanke , who has submitted his inquiry report vide his letter No. 216 (ii) dated 15.03.2013 after getting the matter enquired by the concerned Karamchari and Circle Inspector, Kanke. As per the enquiry report, the lands of Mouza Bukru, Khata No. 223 stands recorded as Bakast Bhuinhari in the Revisional Survey Record of Rights and the names of the landlords are Sukhlal Munda and others, Plot Nos. 301 and 305 are in possession of Shri Nath Munda, Karhiya Munda and Baijnath Munda, all sons of Birsa Munda and Budhu Munda, son of Late Bigal Munda, resident of Village Bukru. They are in possession over the said land by making houses and well on it. The lands of Mouza Bukru, Khata No. 223, Plot Nos. 304 and 308 are at present vacant. Report of the Circle Officer, Kanke along with certified copy of the Khatiyan have also been annexed with the said affidavit.

S.B.

4. Learned counsel appearing on behalf of respondent No.6 submitted that the petitioners are required to explain inordinate delay , which has not been explained by the petitioners.

5. In response to the said argument, learned counsel for the petitioners, while referring paragraph Nos.3, 4, 5, 6, 7, 10, 11, 14, 15, 16 and 17 of the petition, submitted that the petitioners have given reasonable justification/ explanation for the delay caused in the matter.

6. From the aforesaid position, it appears that in the 4th line of 2nd paragraph of the order dated 10.03.1992, passed in CWJC No. 1583 of 1987 (R) by this Court, there is typographical mistake in mentioning Khata number and in view of the counter-affidavit, filed by the respondent No.4, after proper verification of the revenue record as also looking to the averments made in CMP and the averments made in CWJC No. 1583 of 1987 (R), it appears that the Khata number is 223 of village Bukru and therefore, the said Khata number is also required to be reflected in the order-sheet. Accordingly, necessary modification is required to be made by allowing the present CMP. Accordingly, 4th line of 2nd paragraph of order dated 10.03.1992, passed in CWJC No. 1583 of 1987 (R) by this Court, is ordered to be modified and read as “Khata No.223 of village Bukru” in place of “Khata No.2 of village Bukru” in the interest of justice. Accordingly, order dated 10.03.1992, passed in CWJC No. 1583 of 1987 (R) by this Court is modified in the manner indicated above.

7. Accordingly, IA No. 3638 of 2012 stands disposed of.

C.M.P. No. 339 of 2012