Jharkhand High Court
Rajrajeshwar Prasad Singh ... vs The State Of Jharkhand & Ors on 16 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
WP(C) No. 2797 of 2020
Rajrajeshwar Prasad Singh Chandel & Anr. ..... ...... Petitioners
Versus
The State of Jharkhand & Ors. .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO
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For the Petitioner : Mr. Krishna Murari, Advocate
For the Respondents-State : Mr. Ashish Thakur, AC to AAG-III
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The matter is being taken up through Video Conferencing. Learned counsel
for the parties have no objection with it and submitted that audio and video
qualities are good.
Order No.10 /Dated: 16th November, 2022
In terms of order dated 18.08.2022, this Court has directed the
Chief Secretary, Government of Jharkhand to file affidavit in the matter on
behalf of the State, in-person, regarding the power to invoke the provisions of
Section 4(h) of the Bihar (Jharkhand) Land Reforms Act, 1950 for the period
of transaction. Pursuant thereto, the Chief Secretary, Government of
Jharkhand has filed counter-affidavit on 20.10.222, whereby in paragraph-4,
it has been stated:-
That it is humbly stated and submitted that learned Advocate
General has opined that there is no impediment on initiating an enquiry under
Section 4(h) even in respect of the doubtful transaction allegedly done after
10-12-1949.
The query made by this Court has not been answered, which is
relevant for the present case, as such, it is being explained here under because
it is the State policy, which has to be taken note of by exercising the power
under Section 4(h) of the Act. The Bihar (Jharkhand) Land Reforms Act,
1950 came into force on the 25.09.1950 vide notification 5067 LR dated
24.09.1950. President's assent published in Bihar Gazette (ex-ord) dated
25.09.1950. From perusal of Section 4(h), it appears that Section 4(h) has
been amended by Act 20 of 1954, where the Collector shall have power to
make inquries in respect of any transfer including the settlement or lease of
any land comprised in such estate or tenure or the transfer of any kind of
interest in any building used primarily as office or cutchery for the collection
of rent of such estate or tenure or part thereof, and if he is satisfied that such
transfer was made at any time after the first day of January, 1946, with the
object of defeating any provisions of this act or causing loss to the State or
obtaining higher compensation there under the Collector may, after giving
reasonable notice to the parties concerned to appear and be heard annul such
transfer, dispossess the person claiming under it and take possession of such
property on such terms as may appear to the Collector to be fair and
equitable. Thus, it is clear that Act came on 25.09.1950 and in the original act
of Bihar Land Reforms Act, 1950 Section 4(h) was not there. Section 4(h) by
the Act has been incorporated in the year 1954 with a motive that prior to
vesting of the estate, the cut-off date which was fixed as 01.01.1946 but
coming into the force of the Act on 25.09.1950, only with respect to the
transfer including the settlement or lease of any kind of land, comprised in
such estate or tenure or the transfer of any kind of interest in any building
used primarily as office cutchery for the collection of rent of such estate or
tenure or part thereof. This is sufficient to indicate that it starts from
01.01.1946 and in coming into the force of this Act on 25.09.1950, any
transaction with regard to property by settlement of lease of the estate
property before vesting of the Jamabadi or any building used primarily as
office or cutchery for the collection of rent of such estate, if it is found to be
suspicious, then collector may initiate a proceeding under Section 4(h) of the
Bihar/Jharkhand Land Reforms Act, 1950. Probably this question was not
made clear to the Chief Secretary, Government of Jharkhand and the learned
Advocate General, thus, reply has come, which is not explaining the
situation.
Under the aforesaid circumstances, it is expected that to examine
the jurisdiction under Section 4(h) of the Bihar/Jharkhand Land Reforms Act,
1950 with regard to the examination of any transaction found to be
suspicious during the period i.e., from the initial date which has already been
given in that act itself as 01.01.1946 and the final date i.e., 25.09.1950 when
the Bihar Land Reforms Act 1950 came into existence. However, State is free
to explain how the proceeding under Section 4(h) of the Act 1950, can be
initiated with respect to any transaction made either in the year 1944 or prior
to 1945 or subsequent to 1960, 1970, 1980, 1990, 2000 even 2020 and 2022 ?
This is not an un-fatered power given to the Collector rather because of the
lack of proper understanding with regard to provision of Act and Land of
limitation, such proceedings are being initiated and as such it is desirable that
the Chief Secretary, Government of Jharkhand should discuss the issue with
learned Advocate General and Law Secretary and others, so as to come an
opinion that what is the jurisdiction of the State under Section 4(h) of the Act
Bihar/Jharkhand Land Reforms Act, 1950? Section 4(h) of the act of 1950
was only to examine the Jamabandi up to year 1954, if found suspicious,
from 01.01.1946 till vesting of the State but it is not open to the Deputy
Commissioner, to enquire the same prior or after the aforesaid period and
cancel the Jamabandi as it has been held by the Hon'ble Division Bench of
this Court in the case of Tarun Kumar Dutta vs. State of Jharkhand in
L.P.A. No.59 of 2019 decided on 19.02.2021, where the Hon'ble Division
Bench has held that any transfer made prior to 01.01.1946 will be outside the
purview of Section 4(h) of the Act and does not confer power to cancel the
Jamabandi rather it is fixed for annulment of transfer of land. The dispute for
the annulment of transfer of land and cancellation of Jamabandi are to
different things.
The State should also examine whether this judgment has been
assailed before the Apex Court or not.
Let the affidavit be filed before this Court within two weeks.
Put up this case on 14.12.2022 under the same heading.
(Kailash Prasad Deo, J.)
Rohit/-
