Jharkhand High Court
Mahmood Khan & Others vs The State Of Jharkhand & Others on 27 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No. 4226 of 2006
........
Mahmood Khan & Others .... ..... Petitioners
Versus
The State of Jharkhand & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Petitioners : Mr. Ashish Kr. Verma, Advocate.
For the Respondent/State : Mr. P.C. Roy, S.C. (L&C)-I.
Mr. Nawal Kishore Pandey, A.C. to
Mr. P.C. Roy, S.C. (L&C)-I
........
13/27.09.2021.
Heard, learned counsel, Mr. Ashish Kumar Verma on the
instruction of learned counsel for the petitioners, Mr. Pawan Ranjan
Khatri and learned counsel for the State, Mr. P.C. Roy, S.C. (L&C)-I
assisted by Mr. Nawal Kishore Pandey, A.C. to Mr. P.C. Roy, S.C.
(L&C)-I.
Petitioners have prayed for issuance of a writ against the
respondents/State, who have constructed building of Primary Health
Centre over R.S. Plot No. 583 of Khata No. 124, Khewat No. 2/5,
Thana No. 328 of Mouza - Lesliganj, total area - 3.31 acres recorded
in records of right in the name of the common ancestors namely,
Sheikh Hussain and Sheikh Nanhu, both sons of Sheikh Sardar.
Learned counsel for the petitioners has submitted that this land
has been forcefully used by the respondent-authorities without
initiating any legal proceeding under the Land Acquisition Act and no
notice has been issued upon the petitioners. This is glaring example of
high handedness of the State in the matter of acquiring land of
innocent persons. The Circle Officers are not giving proper guidance
to the State and they are acting like unlawful outfit in their circles and
thus, the Circle Officers are making recommendation for construction
of Primary Health Centre over the land of the petitioners, which never
belonged to the State.
Learned counsel, Mr. Ashish Kumar Verma has further
submitted that from perusal of the counter affidavit dated 25.09.2012
filed by Md. Aftab Alam, the then I/c Circle Officer, Lesliganj and the
reply of the petitioners to the counter affidavit dated 13.06.2013, it
would be apparent that I/c Circle Officer, Md. Aftab Alam has placed
wrong facts before this Court with regard to oral hibba. No
proceeding book has been brought on record to suggest that oral
hibba was given by the ancestors of the petitioners and thus it is high
handedness of the State, where the land of the petitioners have been
used by the State without acquiring the same under the provisions of
law and without paying compensation, as such, this writ petition may
be allowed with heavy cost, which shall be recoverable by the State
from the erring officers in view of the judgment passed by the Apex
Court in the case of Keshav Baljee Vs. Bangalore Development
Authority reported in 2010 (14) SCC 398.
Learned counsel for the State, Mr. P.C. Roy, S.C. (L&C)-I has
submitted that though the counter affidavit has been filed on
25.09.2012, but he requires another adjournment of four weeks to
seek instruction in the matter from the Additional Chief Secretary,
Revenue, Registration and Land Reforms Department, Government of
Jharkhand and will file supplementary counter affidavit afresh duly
sworn by Deputy Commissioner, Palamau with regard to the stand of
the State.
As prayed by learned counsel for the State, let the matter be
placed after four weeks.
It is made clear that no further adjournment shall be granted to
the State on any ground and if the fresh counter affidavit is not filed
within the prescribed period, this Court will pass necessary order in
this matter on the basis of facts of the case.
(Kailash Prasad Deo, J.)
Sunil/-
