Shiv Dulari Devi vs The State Of Jharkhand & Ors
2022 Latest Caselaw 918 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    [Civil Writ Jurisdiction]

                             W.P.(C) No. 991 of 2007
       Shiv Dulari Devi                                  .... .. ... Petitioner(s)
                               With
                         W.P.(C) No. 1033 of 2007
       Smt. Kiran Sinha                          .... .. ... Petitioner(s)
                               With
                         W.P.(C) No. 1078 of 2007
       Smt. Sonajhari Devi                       .... .. ... Petitioner(s)
                               With
                         W.P.(C) No. 1079 of 2007
       Smt. Janki Devi                           .... .. ... Petitioner(s)
                               With
                         W.P.(C) No. 1094 of 2007
       Smt. Sandhya Singh                        .... .. ... Petitioner(s)

                                       Versus
       The State of Jharkhand & Ors.                         .. ... ... Respondent(s)
                                        ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO .........

For the Petitioner(s) : Mr. Rajiv Nandan Prasad, Advocate Mr. Rajesh Kumar, Advocate [WPC 991/07] Mr. Niranjan Singh, Advocate [In all other cases] For the respondent/State : Mr. P.C. Roy, S.C. ( L&C)-I For the respondent No.5 : Mr. Ramchander Sahu, Advocate Mr. Tejo Mistry, Advocate [WPC 991/07] ......

12/ 08.03.2022. Heard, learned counsel for the parties.

Mr. Rajiv Nandan Prasad, learned counsel for the petitioner in W.P.(C) No. 991 of 2007 and Mr. Niranjan Singh, learned counsel for the petitioner in other Writ Petitions have unequivocally submitted that all transactions by way of registered sale deed dated 14.09.1972 vide Sale deed No.24357 have been done whereby land in question has been transferred to Sri Kameshwar Prasad.

Learned counsels have further submitted that admittedly the land is situated at Hirapur, Dhanbad which is within the Municipal area of Dhanbad, as such, in the facts and circumstances of the case, Chotanagpur Tenancy Act is not applicable, as the Chotanagpur Tenancy Act, 1908 has been made applicable in the Municipal area vide C.N.T. Amendment Act, 1982 while in the present case, the transaction is of the year 1972.

To buttress their argument, learned counsels for the petitioners have placed reliance upon the judgment passed by the Co-ordinate Bench of this Court in the case of Hari Pada Bandopadhyay vs. The State of Bihar (Now Jharkhand) & Others, reported in 2014(2) JLJR 399 and the judgment passed in the case of Murari Lal Khemka & Ors. vs. The State of Jharkhand & Ors., in W.P.(C) No.2124 of 2007, as such, all these Writ Petitions are fit to be allowed as the land,

in question is situated are within the Municipal area and the transaction was made in the year 1972 when such prohibition under the C.N.T. Amendment Act, 1982 was not applicable and the aforesaid judgments are still binding upon the State of Jharkhand, but the State Authorities are not looking into the judicial pronouncements made by this Court and passing order as per their wisdom.

Mr. P.C. Roy, learned S.C. ( L&C)-I for the State and learned counsel for the Respondent No.5, Mr. R.C. Sahu W.P.(C) No. 991 of 2007 have submitted that sometime may be granted so as to verify the fact whether the land, in question was within the Municipal area of Dhanbad and whether application of the Act was there for the land, in question.

Considering the same, put up these cases on 15.03.2022 so as to assist this Court properly.

(Kailash Prasad Deo, J.) Sandeep/