Jharkhand High Court
Rajeev Kumar Thakur & Ors vs State Of Jharkhand & Ors on 5 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
WP(C) No. 5109 of 2007
Rajeev Kumar Thakur & 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 :Mrs. J. Mazumdar, Advocate
For the Respondents/State : Mr. Manish Mishra, G.P.-V
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th
Order No.14 /Dated: 5 September, 2022
In compliance of the order dated 08.06.2022 and 15.06.2022 an
affidavit has been filed by Respondent No.5, Secretary, Department of Tourism,
Art, Culture, Sports & Youth Affairs, Government of Jharkhand through one
Surendra Kumar, son of Sri Tulsi Prajapati, under Secretary, Department of
Tourism, Art, Culture, Sports & Yough Affairs, whereby stand has been taken in
paragraphs-26 and 27 of the counter-affidavit which are profitably quoted
hereunder:-
26.That it is humbly stated and submitted that the Department of Tourism,
Art, Culture, Sports and Youth Affairs, Government of Jharkhand has sent
letter bearing letter no.963 dated 13.06.2022 addressed to the Deputy
Commissioner, Deoghar, with a copy marked to Additional Chief Secretary,
Revenue, Registration and Land Reforms Department, Government of
Jharkhand, Revenue and Land Reforms Department, Government of
Jharkhand giving no objection for the return of 2.985 acres of acquired
land to the Raiyats.
27. That it is humbly stated and submitted that the Answering Respondent
has taken all the steps in the instant matter of the return of the acquired
land of the Petitioner in terms of the Circular of the Department of revenue
and land reforms, being Circular No.DLA Niti 10/91-987 dated
30.05.1991, which deals with the return of the acquired land(s) at point
no.21(kha), which lays down the procedure for relinquishment and return
of acquired surplus land.
Subsequently this Court has directed to file a detail counter-affidavit,
which has been brought on record by the Additional Chief Secretary, Revenue,
Registration and Land Reforms Department, Government of Jharkhand, by filing
an affidavit on 30.08.2022 by the Additional Chief Secretary, whereby stand has
been taken in paragraphs-11, 12, 13, 14, 15 and 16 of the supplementary counter-
affidavit and the stand has been taken that acquired land cannot be restored to the
petitioners/land holders.
This Court is astonished to see the counter-affidavit filed by the State
Authority. The Department of tourism has kept matter pending by not filing
counter-affidavit for more than 15 years. When this Court has shown displeasure,
then counter-affidavit has been filed by the Under Secretary, Department of
Tourism, taking stand that land shall be returned to the petitioners/land holders.
This shows that the officer concerned are not well equipped with the
judgments nor they are taking any help from the Law Department of Government
of Jharkhand and thus they are writing whatsoever they want to write without
examining the law of the land and thus courts are not being assisted properly.
When this Court directed the State in terms of order dated 04.07.2022
referring the judgment passed by the Apex Court in several Land Acquisition
matters, then Additional Chief Secretary, has taken stand completely contrary to the
stand taken by the under Secretary, Department of Tourism, Government of
Jharkhand.
Under the Aforesaid circumstances, the Chief Secretary, Government of
Jharkhand is directed to initiate a proceeding against the Under Secretary,
Department of Tourism, Government of Jharkhand, for his callous attitude in filing
counter-affidavit before the Hon'ble Court, in accordance with law, as the affidavit
is fatal to the legal system. This shows that the departments are not taking
assistance from the Law Department and filing affidavit contrary to the law and the
judgment passed by the Hon'ble Apex Court. The proceeding must be initiated
within a period of one week and the same must be concluded within a period of 45
days and the Chief Secretary, Government of Jharkhand shall apprise this Court
about the outcome of the proceeding.
Put up this case after receipt of the required report.
Let a copy of this order be communicated to the Office of Advocate
General, Government of Jharkhand and Chief Secretary, Government of Jharkhand
and Additional Chief Secretary, Revenue, Registration and Land Reforms
Department, as well as the Secretary, Department of Tourism, Government of
Jharkhand, through FAX for compliance.
(Kailash Prasad Deo, J.)
Rohit/-
