Patna High Court
Sunita Kumari vs The State Of Bihar on 1 February, 2024
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13865 of 2022
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Sunita Kumari Wife of Kapildeo Prasad Resident of Naser, P.S.-Gurua,
District-Gaya, Bihar-824205.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Additional Chief Secretary, Revenue and
Land Reforms Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Revenue and Land Reforms Department,
Government of Biahr, Patna.
3. The Collector-Cum-District Magistrate, Gaya.
4. The Additional District Mgistrate, Gaya
5. The District Supply Officer, Gaya.
6. The Sub-Divisional Magistrate, Sherghati, Gaya.
7. The Deputy Collector, land Reforms, Sherghati, Gaya.
8. The Circle Officer, Gurua, Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prem Ranjan Raj, Advocate
For the Respondent/s : Mr. Md. Khurshid Alam ( AAG - 12 )
Mrs.Nutan Sahay, AC to AAG - 12
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL JUDGMENT
Date : 01-02-2024
The present writ application has been filed for the
following reliefs:-
"(i) For issuance of a writ in the nature of
certiorari for setting aside the order contained in
letter no.592 dated 31.05.22 issued by the D.M. Gaya
whereby and whereunder the application of the
petitioner for granting of NOC has been rejected on
the bare ground of pendency of contempt petition
against the Respondents.
Patna High Court CWJC No.13865 of 2022 dt.01-02-2024
2/7
(ii) For directing the respondents to grant no
objection certificate (NOC) for the land appertaining
to Khata No.16, Plot no.35 area 32 decimals, Mauza-
Dhobichak, Anchal-Gurua, Thana no.656 for petrol
pump as letter of intent (LOI) has been issued by
Indian Oil Corporation for opening a retail outlet
over the above-said land.
(iii) For further issuance of writ/writs, order/
orders, direction/directions as this Hon'ble Court may
deem fit and proper in the fact and circumstances of
this case."
2. Short fact of the case is that the husband of the
petitioner purchased a piece of land appertaining to Khata no.16
plot no.35 area 84 decimals, Mauza-Dhobichak, Anchal-Gurua
through a registered sale deed, bearing sale deed no. 6973, dated
15.11.2014
, and he has been bonafide owner and holder/raiyat of
the land. The record of right related to the said piece of land was
mutated in the name of the husband of the petitioner, by
Jamabandi No.64, and rent receipts were being dully issued in his
favour since then. The aforesaid piece of land was allotted in the
unit of Kamrul Imam in the land ceiling procedure and the
Notification published under the ceiling Act on 01.07.1985 in his
name in Gaya District Gazette notification, Land ceiling Case
No.74/84-85. It is pertinent to mention here that the Sub-Registrar,
Patna High Court CWJC No.13865 of 2022 dt.01-02-2024
prior to registration of land in question, called for a status report
from Gurua Anchal. Subsequently, the Circle Officer, Gurua, vide
letter no.762 dated 12.11.2014, submitted his report and the land in
question was registered in favour of husband of the petitioner.
3. On 26.10.2014, the Indian Oil Corporation published
an advertisement in news paper for requirement of regular retail
outlet of the company and invited proposal application for grant of
retail outlet on several selected location including the state
highway SH-69 location in Gurua, Gaya. The petitioner, being
found herself eligible candidate, made an application for the same
and the petitioner was duly selected by the Indian Oil Corporation
after due verification of land, which is in name of her husband and
thereafter, the LOI (Letter of Intent) has been issued vide Letter
Ref. no.-N/2017/IN000295/BH/000039/2302/00003 dated
01.08.2017, offering the retail outlet over the said land. Pursuant to
the same, the petitioner applied for 'No Objection Certificate' for
the retail outlet of Indian Oil Corporation before the District
Magistrate, Gaya in terms of Rule 141 of the Petroleum Rules,
2002, which was rejected on 31.05.2022 by the District
Magistrate, Gaya on the ground of pendency of a contempt
petition i.e. M.J.C. No. 127 of 2022 before this Court against the
respondents.
Patna High Court CWJC No.13865 of 2022 dt.01-02-2024
4. Learned counsel for the petitioner submits that despite
the fact that land in question does not come under the ambit of
surplus lands, as the Gazette notification has already published in
the name of Kamrul Imam, but still the District Magistrate denied
to issue no objection certificate in favour of the petitioner on the
ground of pendency of the contempt application. At this stage, it is
relevant to point out that contempt petition i.e. M.J.C. No. 127 of
2020, which is said to be pending before this Hon'ble Court, arises
out of C.W.J.C. No. 7809 of 2018, and the same was disposed on
25.10.2018. The writ petition was filed for a direction to the
respondent to dispose of the representation filed before the District
Magistrate-cum-Collector, Gaya. After hearing the parties, the writ
petition (CW.J.C. No. 7809 of 2018) was disposed of, vide order
dated 25.10.2018, with direction to the Collector, Gaya to dispose
of the representation of the petitioners (Dilchand Bhuiya and
Others) preferably within four months from the date of receipt of
the order. In compliance of the order dated 25.10.2018 passed in
C.W.J.C. No. 7809 of 2018, the Additional Collector, vide order
dated 30.07.2019, has already disposed of representation with an
observation that Land Ceiling Proceedings, which were initiated
against the legal heirs of the Anjar Hussain, has already been
concluded between the year 1984 to 1999 and as such, no order is
Patna High Court CWJC No.13865 of 2022 dt.01-02-2024
required to be passed (copy of order dated 30.07.2019 is annexed
as Annexure 9 to rejoinder to the counter affidavit). Drawing
attention towards paragraph - 11 of the supplementary counter
affidavit, filed on 22.06.2023, on behalf of Respondent no. 3 to 8,
learned counsel for the petitioner submits that the land purchased
by the husband of the petitioner has not been acquired under
ceiling proceeding inasmuch as the same is part and parcel of 1.84
acres land of plot no. 35 under Khata no. 16 metioned in Appendix
"Gha" of the District Gazette published under Land Ceiling Case
No. 74/1984-85.
5. It is contended on behalf of State that the District
officials are of the view that till disposal of the contempt
application, the grant of 'No Objection Certificate' must be kept in
abeyance and accordingly, the District Magistrate, Gaya, vide
letter no. 592 dated 31.05.2022, has deferred the matter of granting
'No Objection Certificate' to the petitioner till the disposal of
M.J.C. No. 127 of 2020.
6. It is not in dispute that the land purchased by the
husband of the petitioner has not been acquired under the ceiling
proceeding and the same is part and parcel of 1.84 acres land of
plot no. 35 under Khata no. 16 mentioned in Appendix "Gha" of
the District Gazette published under Land Ceiling Case No.
Patna High Court CWJC No.13865 of 2022 dt.01-02-2024
74/1984-85. It is also not in dispute that the record of right related
to the said piece of land was mutated in the name of the husband
of the petitioner, by Jamabandi No.64, and rent receipts were dully
issued in favour of husband of petitioner. It is also not in dispute
that the order passed by this Court in C.W.J.C. No. 7809 of 2018
has already been complied with by the State authority by disposing
of the representation filed by the petitioners of that case (i.e.
Dilchand Bhuiya & Others), vide order dated 30.07.2019.
Admittedly, there is no connection of the land in question with the
aforesaid writ application i.e. C.W.J.C. No. 7809 of 2018.
7. In that view of the matter, 'No Objection Certificate'
cannot be denied merely on the ground of pendency of M.J.C. No.
127 of 2020 before this Court. In absence of any restraint order by
the High Court, issuance of 'No Objection Certificate' cannot be
denied.
8. Accordingly, the impugned order, as contained in
letter no. 592 dated 31.05.2022, issued by the District Magistrate,
Gaya whereby the application of the petitioner for granting of 'No
Objection Certificate' has been rejected, is, hereby, set aside with a
direction to the District Magistrate, Gaya to pass appropriate order
in accordance with law preferably within a period of one month
from the date of receipt / production of copy of this order.
Patna High Court CWJC No.13865 of 2022 dt.01-02-2024
9. The writ application is allowed.
(Prabhat Kumar Singh, J)
Anay
AFR/NAFR A.F.R.
CAV DATE N/A
Uploading Date 08.02.2024
Transmission Date N/A
