Shree Krishna Singh vs The State Of Jharkhand
2021 Latest Caselaw 2477 Jhar

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                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  W.P.(C) No. 2540 of 2021
            Shree Krishna Singh                                          ..... Petitioner
                                            Versus
            1. The State of Jharkhand
            2. The Deputy Commissioner, Dhanbad
            3. The Additional District Magistrate (Law & Order), Dhanbad
            4. The Sub-Divisional Officer, Dhanbad
            5. The Circle Officer, Govindpur Circle, Dhanbad             ..... Respondents
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CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR

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            For the Petitioner:         Mr. Lukesh Kumar
            For the State:              Ms. Indranil Bhaduri, S.C-IV
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02/22.07.2021      The case is taken up through Video Conferencing.

The present writ petition has been filed for quashing the notice as

contained in memo No. 871 dated 13.07.2021 (Annexure-6 to the writ petition)

whereby the respondent No.5 declaring the land in question as a public land,

has directed the petitioner not to make any construction over the same. Further

prayer has been made for issuance of show cause to the respondent No.5 as to

under which provision of law, he has issued the said notice ignoring the fact

that Civil Misc. Appeal No. 17/2018 preferred by the petitioner against the

order/judgment dated 24.03.2018 passed by the Revenue Officer, Dhanbad in

Case No. 18/2011 invoking Section 87 of the Chota Nagpur Tenancy Act, 1908

[hereinafter referred to as 'the Act, 1908'] with regard to the land in question

has been decided in his favour vide judgment dated 03.01.2019 passed by the

learned Principal District Judge, Dhanbad and S.A. No. 94/2019 preferred by the

State of Jharkhand & Ors. against the order dated 03.01.2019 passed in Civil

Misc. Appeal No. 17/2018 is pending before this Court, but no order of stay has

been passed in the said second appeal. The petitioner has also filed I.A. No.

3333/2021 seeking stay of the operation of the said notice issued by the

respondent No.5 vide memo No. 871 dated 13.07.2021, during the pendency of

the present writ petition.

Heard learned counsel for the parties.

Case No. 18/2011 filed by the petitioner against the Sate of Jharkhand &

Ors. seeking challenge to the entry of 'Gair Abad Malik' made in the recent

Khatiyan prepared for the land appertaining to Khata No. 152, Plot Nos. 1730 &

2790, measuring an area of 55.72 Acres; Khata Nos. 152 & 124, Plot Nos. 1698,

1683, 1667, 1792, 1723, 1722, 1728, 2835, 2866, 2869, 2841, 2849, 408, 2855

& 2876, measuring an area of 26.18 Acres (total area 81.90 Acres), Mouza-

Barapichari, Mouza No. 86, District-Dhanbad was dismissed vide the

order/judgment dated 24.03.2018 passed by the Revenue Officer, Dhanbad.

Aggrieved by the said order, the petitioner preferred Civil Misc. Appeal No.

17/2018 which was allowed by the learned Principal District Judge, Dhanbad

vide judgment dated 03.01.2019 and the order dated 24.03.2018 passed by the

Revenue Officer, Dhanbad in Case No. 18/2011 was set aside with further

direction to the revenue authorities to incorporate the names of the petitioner

and other Raiyats in recent Khatiyan prepared with respect to the land in

question. Thereafter, the State of Jharkhand & Ors. preferred Second Appeal

being S.A. No. 94/2019 before this Court invoking Section 87(2) of the Act,

1908. Vide order dated 24.02.2020, the said second appeal was admitted for

hearing by a Bench of this Court issuing notices to the respondent Nos. 2 to 38.

According to learned counsel for the petitioner, no order of stay has been

passed in S.A. No. 94/2019.

In the aforesaid factual background, this Court is of the prima facie view

that the impugned notice as contained in memo No. 871 dated 13.07.2021 is

uncalled for and the same has been issued in defiance of the judgment dated

03.01.2019 passed by the learned Principal District Judge, Dhanbad in Civil Misc.

Appeal No. 17/2018. Hence, the operation of the same is hereby stayed.

It is not understood as to what prompted the respondent No.5 to issue

the impugned notice dated 13.07.2021 even without verifying the records

relating to litigation of the land in question which is indicative of gross

negligence on his part. Hence, the respondent No.5 is directed to remain

present before this Court through virtual mode on the next date fixed.

The present interlocutory application stands disposed of.

W.P.(C) No. 2540 of 2021

Put up this case on 25.08.2021 under appropriate heading.

In the meantime, learned counsel for the petitioner shall positively

remove the remaining defects pointed out by the office.

Satish/-                                                        (RAJESH SHANKAR, J)