Jharkhand High Court
Maya Devi vs State Of Jharkhand on 26 April, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 4843 of 2022
Maya Devi, W/o Dinbandhu Kunwar, Aged about 67 years, R/o -
Chandankiyari Road, Jodhadih more, Chas, P.O. + P.S. Chas, Dist. -
Bokaro ... ... Petitioner
Versus
1. State of Jharkhand
2. The Deputy Commissioner, Bokaro, P.O. + P.S. & Dist. - Bokaro
3. The Collector cum Divisional Forest Officer, Bokaro Forest
Division, Bokaro, P.O. + P.S. & District - Bokaro
4. Circle Officer Chas, Bokaro, P.S. + P.O. - Chas, District - Bokaro
... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Vishal Kumar Rai, Advocate
For the Respondents : Mrs. Shalini Shahdeo, Advocate
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08/26.04.2023 The learned counsel for the parties are present.
2. This writ petition has been filed for the following relief:
"For the issuance of writ of certiorari to quash and set aside
the order dated 05.07.2022 (Annexure - 5) by which an Ex-parte
order has been issued by Respondent No.3 to remove encroachment
from the land of the petitioner situated at, Mauza - Bhawanipur,
Thana - Chas (52) Khata No.25, plot no.814 total area measuring 25
decimal declaring it to be a forest land, although the petitioner has
purchased the aforesaid land through three deeds and rent receipts
are being issued to petitioner on continuous basis and the respondents
have lost in Title Appeal 102/17 of 1968/72 and Title Appeal 103/34 of
1968/73 by which suit property was decreed in favour of Kunjo Raut
(father of sellers) on 14.09.1973 by the learned First Additional
District Judge Dhanbad.
(ii) For the issuance of appropriate writ commanding upon the
respondents stay the operation of impugned order dated 05.07.2022
(Annexure - 5) till final outcome of the present writ application.
And / or
For the issuance of an appropriate writ order direction for
doing conscionable justice to the petitioner."
3. Learned counsel for the petitioner has submitted that the
impugned order is an ex parte order passed on 05.07.2022 and the
petitioner could not participate in the proceedings on account of Covid
- 19 situation and consequently, ex parte order has been passed.
Learned counsel submits that after the passing of the order, the
petitioner had filed a petition before the same authority bringing on
record the various judgments passed in favour of the petitioner even in
the title suit where the State was also a party. Learned counsel has
submitted that since the petitioner could not participate in the
proceedings for reasons beyond control of the petitioner, the
impugned order be set aside so that the petitioner may have an
opportunity to place her case before the authority who may pass fresh
order in accordance with law.
4. Learned counsel for the respondents has submitted that there
has been several paper publications to ensure appearance of the
petitioner from the period 25.08.2021 to 24.06.2022, but the petitioner
did not participate in the proceedings. She further submits that filing
any petition after passing of the order does not serve any purpose.
However, the fact that the entire country was facing Covid - 19
situations for a considerable period in the year 2021-2022 is not in
dispute.
5. After hearing the learned counsel for the parties and
considering the facts and circumstances of this case and after going
through the materials on record, this Court is of the considered view
that the petitioner has bonafide reasons for not participating in the
proceedings on account of Covid - 19 situations. Consequently, the
petitioner could not place the materials which have been placed on
record in this writ proceedings. On account of non-filing of the show
cause reply, ex parte order has been passed on 05.07.2022. No useful
purpose will be served by relegating the petitioner to file appeal as the
materials which the petitioner wanted to produce before the authority
were not produced.
6. In order to meet the ends of justice, this Court is of the
considered view that one opportunity is required to be given to the
petitioner so that the petitioner may place her case before the
authority. In order to grant the aforesaid opportunity to the petitioner
and to enable the respondent authority to pass a fresh order after
considering the show cause of the petitioner, the impugned order dated
05.07.2022 is hereby set aside.
7. The petitioner or her authorized representative is directed to
appear before the respondent no.3 on 09.05.2023 at 11 a.m along with
the show cause reply, a copy of this writ records and a copy of this
order. Upon appearance of the petitioner, the respondent no.3 shall
consider the show cause to be filed by the petitioner and pass
appropriate reasoned order in accordance with law.
8. This Court has not entered into the merit or otherwise of the
claim of the petitioner. The impugned order has been set aside only to
grant an opportunity of the petitioner to present her case before the
respondent no.3.
9. This writ petition is accordingly disposed of.
10. Pending interlocutory application, if any, stands closed.
(Anubha Rawat Choudhary, J.)
Saurav/
