Jharkhand High Court
Jagdish Sao vs The State Of Jharkhand & Ors on 6 June, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W. P. (C) No. 4852 of 2004
Jagdish Sao .... .. ... Petitioner(s)
Versus
The State of Jharkhand & Ors. .. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
.........
For the Petitioner(s) : None
For the Resp.-State : Mr. N. K. Pandey, AC to SC (L & C)-I
For the Respondent Nos.4 to 10 : Ms. Sumeet Gadodiya, Advocate
..........
11 / 06.06.2022. On repeated calls, no body appeared on behalf of the petitioner.
It appears that the instant Writ Petition has been filed by writ petitioner-
Jagdish Sao, S/o Late Gurudayal Sao, on 13.09.2004 for quashing the Memo No.13-
B of 2003 dated 11.09.2003 (as contained in Annexure-4), issued from the office of
Mantri of District Bhudan Yogna Office, Giridih, and Memo No.442/23.10.2003 (as
contained in Annexure-5), issued by the Circle Officer, Dumri, Giridih, whereby and
whereunder, authority of the District Bhudan Yagna Committee, Giridih, namely,
Shrawan Kumar made reference of a letter of former Chairman, Bihar Bhudan Yagna
Committee, Patna, in respect of Letter No.13-B/87-89 in which PRAMAN PATRA
bearing No.141698 dated 31.07.1968, which has already been granted to the father of
the petitioner, namely, Gurudayal Sao, more new names were ordered to be added
AND in pursuance of letter of the authority of District Bhudan Yagna Office, Giridih,
Circle Officer, Dumri (Giridih) ordered to add the 11 more new names in Register-II
of the Jamabandi, which is already running in the name of main petitioner and his
two brothers and Halka Karmchari was directed to grant rent receipt after accepting
rent from newly added persons in PRAMAN PATRA granted to the petitioner's father
on 31.07.1968 by Bhudan Yagna Committee and further direction upon the
respondent No.3, Circle Office, Giridih, to restrain from accepting rent and granting
rent receipt from newly added persons in Jamabandi of the petitioner.
It appears from the record that the petitioner has also taken stand that once the
land in question has been settled in favour of grantee by the Bhudan Yagna
Committee by virtue of Section 14 of Bihar Bhudan Yagna Act /Jharkhand Bhudan
Yagna Act and Rules, after the settlement of land in favour of settlee, the Bhudan
Yagna Committee ceases to have any right, title and interest in the land, in question,
in view of the judgment passed by the Hon'ble High Court of Judicature at Patna in
the case of Mostt. Imamani Vs. the State of Bihar and Ors, reported in 2000 (4)
PLJR 563.
It appears further that this Court, while passing a detail order on 21.09.2021,
directing learned counsel for the State to produce letter issued by Ex-Chairman,
Bihar Bhudan Yagna Committee, Patna vide Letter No.13(kha)/ 87-865 dated
17.08.1987 through affidavit, within a period of two weeks from that day and a copy
of that order has already been sent to the Additional Chief Secretary, Revenue
Registration and Land Reforms, Government of Jharkhand,
Further, the case was taken on 20.10.2021, when learned counsel for the
petitioner, Mr. Vijay Shankar Jha has submitted, that no such letter has been issued
by Ex-Chairman, Bihar Bhudan Yagna Committee, Patna and the same is not in
existence as the then Circle Officer, Dumri has wrongly recorded the same and the
same is not available, which has been made basis for passing of the impugned order,
as such, this amounts to tampering with the evidence by the then Circle Officer as the
said letter is not on record.
However, this Court has already observed in another Writ Petition vide W.P.
(C) No.5301 of 2002, which also related with the District of Giridih, to the effect that
record of the case is not available and such information was given to the Additional
Chief Secretary, Revenue Registration and Land Reforms, Government of Jharkhand
to take remedial steps for maintenance of official records,
Today, also the records of the case have not been brought on record and no
action has been taken by the Deputy Commissioner, Giridih for complying the order
passed by this Court.
Under the circumstances, this Court directs the Deputy Commissioner, Giridih
to take legal steps in this matter within a period of 10 days from today so as to
ascertain that :-
(a) If the records are not available in the office, whether the same amounts to
illegal destruction of official document or not?
(b) Why action has not been taken against the erring officer(s) including the
Circle Officer, Dumri, Giridih, who has referred the same in the impugned
order, which as per the petitioner is not in existence?
As such, the Deputy Commissioner, Giridih, is directed to file an affidavit in-
person by 16.06.2022.
Put up this case on 20.06.2022.
Let a copy of this order be communicated to the Chief Secretary, Government
of Jharkhand, Ranchi and the Deputy Commissioner, Giridih through FAX or e-mail
at once so as to take necessary action against the erring officer(s).
(Kailash Prasad Deo, J.)
Sandeep/
