Jharkhand High Court
Banshi Prasad Mehta vs The State Of Jharkhand & Ors on 15 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 7114 of 2019
Banshi Prasad Mehta .... .. ... Petitioner(s)
Versus
The State of Jharkhand & Ors. .. ... ... respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
.........
For the Petitioner : Mr. Amar Kr. Sinha, Advocate
Mr. Sandeep Verma, Advocate
For the respondent(s)/State : Mr. Ashok Kumar Yadav, GA-I
......
07/ 15.07.2022. Mr. Amar Kr. Sinha, learned counsel for the petitioner has submitted,
that in this matter, the jamabandi has admittedly been opened in the name of the
person, Ganesh Narayan Singh and rent receipt had been issued in favour of said
Ganesh Naryan Singh.
Mr. Amar Kr. Sinha, learned counsel for the petitioner in support of his
submission has relied upon the judgment passed by the Apex Court in the case of
Kalyani (Dead) Through Lrs. and Ors. vs. Sulthan Bathery Muncipality and Ors.,
reported in [2022] SCCR 518 at Paras 9, 10, 11, 12, and 13 which may profitably
be quoted hereunder :-
"9. It is not disputed that the appellants did lose their land in the
construction/ widening of the road belonging to the Panchayat/ Municipality.
It is also admitted that the road as it existed and after further construction
and widening would be owned by the Panchayat/ Municipality, that is to say
that the appellants would be deprived of their right, title or interest over the
land utilized for the said purpose. As such the appellants have been deprived
of their land in the said process.
10. The appellants are farmers and the land utilized is agricultural land. It
was part of their lievelihood. Depriving them of their part of their livelihood
and also of their property without authority of law would be violative of
Article 21 and Article 300A of the Constitution.
11. Article 300A though not a fundamental right but nevertheless it has status
of being a constitutional or a statutory right. It provides that no citizen would
be deprived of his property save without authority of law. Depriving somebody
of his property, where it is land, can be made by number of modes e.g. by
acquisition, surrender or by transfer and other facets also. In the present case,
it being utilized for the road to be owned by the Panchayat/ Municipality, it
could either have been voluntarily surrendered, transferred by way of title
deeds or by way of acquisition as may be provided under the statute.
12. In the present case, admittedly, there is neither any acquisition proceedings
nor any transfer of rights by the appellants by way of sale, gift or otherwise.
What is being alleged is that it was a voluntarily surrender of rights for no
consideration. This is the stand taken by Panchayat /Municipality. If the
Panchayat /Municipality is taking this stand, the burden would be on the
Panchayat /Municipality to establish such voluntary surrender. A
memorandum or an agreement or a written document ought to have been
executed by the appellants stating their free will to surrender for no
consideration in favour of the Panchayat /Municipality.
13. The learned single Judge has clearly recorded that Panchayat
/Municipality as also the PWD failed to produce any such evidence. Even the
Division Bench did not find any material on record produced by the Panchayat
/Municipality or the PWD to the aforesaid effect. However, the Division Bench
proceeded on the premise that the burden would lie on the appellants to
establish that they were given an assurance. It is the Panchayat /Municipality
which the beneficiary. Burden should be on the Panchayat /Municipality to
prove that there was a voluntary surrender."
From perusal of Annexures of the Writ Petition, it appears that though the
land, in question, is in the name of Ganesh Narayan Singh and is recognized by the
State of Jharkhand in Register-II and in the Tenant Ledger, entire case detail and rent
receipts are also mentioned. However, without taking any legal recourse, as it appears
from Annexure-A to the counter-affidavit dated 09.07.2020, the land, in question is
being used by the Government for construction of complex of Marketing Committee.
Accordingly, the Deputy Commissioner, Ramgarh is directed to file a detail
counter-affidavit, in-person, stating therein that what has necessitated them to take
law in their hand?
Till the further order, the construction over the land measuring 9.28 acres
appertaining to Plot Nos.608, 640 and 1527 of Khata No.1, situated at Village- Kujju,
P.S. Mandu, District- Ramgarh is hereby stayed.
Parties are at liberty to mention this case under the heading "For Fresh Filing".
Let a copy of this order be communicated to the Chief Secretary, Government
of Jharkhand, Additional Chief Secretary, Registration & Land Reforms, Government
of Jharkhand, as well as Deputy Commissioner, Ramgarh at once through FAX or e-
mail for compliance.
(Kailash Prasad Deo, J.)
Sandeep/
