RANCHI, India, Aug. 19 -- Jharkhand High Court issued the following order on July 21:

1. This appeal is under Clause 10 of the Letters Patent directed against the order dated 7th May, 2025 passed by the learned Single Judge of this Court in writ petition being W.P.(C) No. 3780 of 2020 whereby and whereunder the writ petition has been dismissed while coming to the conclusion that the disputed question of facts is involved and the title of the appellants cannot be decided, since the appellants have not produced any document to substantiate their title except the Raiyati Certificate. 2. The brief facts of the case as per the pleading made in the petition needs to be refer herein which reads as under: The land in question was settled by the ex-landlord to the original petitioner by virtue of Hukumnama. At the time of vesting, return was filed by the ex-landlord namely Kapil Mahto for the land settled in the name of original petitioner. After vesting of the land, the erstwhile Government of Bihar recognized the original petitioner as a tenant.

After creation of the State of Jharkhand, the petitioner has paid rent for the land settled to him by the ex-landlord in lieu of grant of rent receipt. The Land Acquisition Officer, Latehar enquired from the Circle Officer, Balumath about the land for development of Tetaria Kharh Coal Project, O.B. Dump.

The Circle Officer, Balumath instituted Case Record 1/2009-10 for certification of raiyati interest. The Land Reforms Deputy Collector, Latehar on the basis of recommendation of the Circle Officer, Balumath made recommendation which is countersigned by SubDivisional Officer, Latehar for grant of Raiyati status of the land and the Additional Collector, Latehar on the basis of the said recommendation of the Circle Officer, Balumath, certified Raiyati status of the land and 17 (seventeen) Raiyats including the original petitioner was countersigned by the Deputy Commissioner.

On 15.05.2012, the original petitioner made representation to the Project Officer, Tetaria Kharh, Collieries, Balumath that he had given consent to work on his land but no crop compensation was given and demanded compensation and employment. The Circle Officer, Balumath vide notice dated 05.06.2012 informed the petitioner that the land in question is in "Gaimajarua Khata."

The Government of India, Ministry of Coal vide notification dated 18.08.2015 published in Extra Ordinary Gazette; circulated Public Notice vide Hindi Daily Prabhat Khabar dated 07.09.2015, issued notification under Section 7 of the Coal Bearing Areas (Acquisition & Development) Act, 1957 for acquisition of 73.55 hectares of land for coal mining.

The grand children of the original petitioner made representation to the Project Manager, OCP Tetaria Kharh, praying therein that they have not received any compensation in lieu of the land in question, hence, they may be given employment as per their educational qualification.

A tripartite meeting has been organized in the office of General Manager, Rajhara Area at 10:00 am for extension of Tetaria Kharh Project and ultimately vide the said Annexure10, the benefits Rehabilitation & Resettlement including employment in lieu of the said land was denied on the ground that in Hal Khatiyan, the land in question has been recorded as "Gairmajarua Malik". It is contended by the petitioner that the original petitioner by remaining in the possession for a long time, has accrued Raiyati status.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqLZUchdgw1sy7rnHsXh5iDhpmTempbtUFlnlBFIBKN3k&caseno=LPA/365/2024&cCode=1&cino=JHHC010198902024&state_code=7&appFlag=)

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