Jharkhand High Court
Nand Kishore Prasad & Ors vs State Of Jharkhand & Ors on 16 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
WP(C) No. 3481 of 2020
Nand Kishore Prasad & Ors. ..... ...... Petitioners
Versus
State of Jharkhand & Ors. .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO
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For the Petitioners : Mr. Amar Kumar Sinha, Advocate
For the Respondents-State : Mr. Manish Mishra, GP-V
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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.07/Dated: 16th November, 2022
Show cause notice issued against the Deputy Commissioner,
Simdega vide order dated 16.08.2022, is hereby accepted, as it appears that
there was a communication gap between the State counsel and the Deputy
Commissioner, Simdega.
Mr. Amar Kumar Sinha, learned counsel for the petitioners has
submitted, that the recorded tenant Sakra Oraon sold and transferred 87
decimals of land of plot No. 5088, khata No. 236, situated at Village Gotra,
PO, PS & District Simdega to Rojoliya Kujur by virtue of registered deed
vide sale deed No. 512 dated 22.12.1947 for a valuable consideration.
Thereafter, the said Rojoliya Kujur sold and transferred the land measuring
an area 32 decimals out of 87 decimals of of plot No. 5088, khata No. 236,
situated at Village Gotra, PO, PS & District Simdega to Guru Prasad Sahu,
father of the petitioners by virtue of unregistered deed of sale dated
28.11.1960, for a valuable consideration and the purchaser Guru Prasad Sahu
came into peaceful possession over the said purchased land.
Learned counsel for the petitioners has further submitted, that a
proceeding under Section 71-A of the Chota Nagpur Tenancy Act, which has
been initiated in the year 1992, is bad in law, as such, the impugned order
may be stayed.
Mr. Amar Kumar Sinha, learned counsel for the petitioner has
placed reliance upon the judgment passed by the Hon'ble Apex Court in the
case of "Jai Mangal Oraon v. Mira Nayak (Smt) & Ors." reported in (2000)
5 SCC 141. Relevant portion of paragraph No.16 of the judgment may
profitably be quoted hereunder:
"16. ......... Merely because Section 71-A commences with the
words "If at any time..." it cannot be taken to mean that those
powers could be exercised without any point of time limit, as in
this case after nerely about forty years unmindful of the rights of
the parties acquired in the meantime under the ordinary law and
the law of limitation. ............"
Learned counsel for the petitioner has further relied upon the
judgment passed by the Hon'ble Apex Cout in the case of "Fulchand Munda
v. State of Bihar & Ors." reported in [2008 (2) JCR 1 (SC)]. The relevant
portion of paragraph No.5 of the judgment may profitably be quoted
hereunder:
"5. ............ The gap of more than 50 years for challenging the
transaction of 1922 cannot be said to be a reasonable time for
exercising the power even if it is not hedged in by a period of
limitation."
Learned counsel for the petitioner has further relied upon the
judgment passed by the Hon'ble Apex Court in the case of "Situ Sahu &
Ors. v. State of Jharkhand & Ors." passed in Civil Appeal Nos.2414-15 of
1999 in terms of order dated 10.09.2004. The relevant portion of paragraph
No. 14 of the judgment may profitably be quoted hereunder:
"14. ............ The lapse of 40 years is certainly not a reasonable
time for exercising of power, even if it is not hedged in by a
period of limitation. ..........."
Mr. Manish Mishra, learned GP-V has submitted, that the private
respondent No.6-Roshan Barwa, son of Late Rafael Oraon and respondent
No.7-William Barwa, son of Chedwa Oraon, both resident of of village
Gotra, PO, PS and District: Simdega are necessary party, as such, they may
be noticed.
Under the aforesaid circumstances, let notice be issued under
speed post to the respondent No.6-Roshan Barwa, son of Late Rafael Oraon
and respondent No.7-William Barwa, son of Chedwa Oraon, both resident of
of village Gotra, PO, PS and District: Simdega, for which, requisites etc.
must be filed by Friday.
Office is directed to keep track of speed post.
Put up this case after service of notice under the same heading.
In the meantime, operation of the impugned order is hereby
stayed.
(Kailash Prasad Deo, J.)
Madhav/-
