Narayan Modi vs The State Of Jharkhand
2021 Latest Caselaw 3412 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         [Civil Writ Jurisdiction]
                          W.P.(C) No. 2240 of 2016
      1.Narayan Modi
      2.Bhuneshwar Modi
      3.Raghunath Modi
     4.Sitaram Modi
     5.Vijay Kumar Burnwal                            .... .. ...     Petitioners
                                 Versus
     1.The State of jharkhand
     2.Suresh Pd. Burnwal
     3.Manohar Prasad Burnwal
     4.Barhan Mahto                                            .. ... ... Respondents
                                   ...........

     CORAM           :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
                     (Through :-Video Conferencing)
                                  .........
       For the Petitioners      : Mr. Ram Lakhan Yadav, Advocate
       For the Respondent(s)    :
                                   ......
06/ 14.09.2021.

Heard, Mr. Ram Lakhan Yadav, learned counsel for the petitioners. Learned counsel for the petitioners, Mr. Ram Lakhan Yadav has submitted that provision of Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, has been invoked by the petitioners with respect to land of Mouza-Charghara, P.S.- Jamua, Thana No. 423, Khata No.11, Khesra No.653, rakwa 0.10 acres, which was sold by respondent No.4 [Barhan Mahto, S/o Late Dipu Mahto, R/o Village- Charghara, P.S.- Jamua, P.O. Charghara, District- Giridih] to respondent No.2 [Suresh Pd. Burnwal] and Respondent No.3 [Manohar Prasad Burnwal], both sons of Chhattardhari Modi, R/o Village- Charghara, P.S.- Jamua, P.O. Charghara, District- Giridih, through registered sale deed No.3051 dated 13.06.2007 though the land of Khedan Modi was adjoining the north-eastern corner of the aforesaid plot.

Learned counsel for the petitioners, Mr. Ram Lakhan Yadav has further submitted that land has been defined under Section 2(f) of the said Act, 1961 and Section 16(3) of the said Act, 1961, gives right to the petitioners over the said land.

The D.C.L.R., Giridih as well as the Additional Collector, Giridih, have decided the matter in favour of the petitioners, but the same has been reversed by the Additional Member, Board of Revenue, Jharkhand, Ranchi vide impugned order dated 27.01.2016 passed in Revision Case No.27 of 2012 on the ground that the aforesaid land is not an agricultural land, in view of the judgment passed by the Apex Court in the case of Ramji Sharma @ Ramji Babu (Dead) By LRS. vs. State of Bihar and Ors., reported in 1996 (10) SCC 671.

Considering the same, let notice be issued upon the respondent nos.2, 3 and 4 [Respondent No.2 -Suresh Pd. Burnwal] and [Respondent No.3 -Manohar Prasad Burnwal], both sons of Chhattardhari Modi, R/o Village- Charghara, P.S.- Jamua, P.O. Charghara, District- Giridih as well as Respondent No.4 [Barhan Mahto, S/o Late Dipu Mahto, R/o Village- Charghara, P.S.- Jamua, P.O. Charghara, District- Giridih], under both process i.e. under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within a period of one week, failing which, this Writ Petition shall stand dismissed without further reference to the Bench.

(Kailash Prasad Deo, J.) R.S.