The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 1397 of 2023 1. 2. 1. 2. 3. 4.
Legal Reasoning
Sunil Kumar Sahu @ Sunil Kumar Teli, aged about 43 years, son of Late Somar Sahu @ Late Somar Teli Roshan @ Late Somar Roshan, resident of Village Kundalwadah, Tola- Budhwaser, P.O. & P.S. Taratand, District- Giridih, presently resident of JM/379, Coloni Jungel SECL, Dadar Road, Ward No.20, P.O. & P.S. Dadar Road, District- Korba (Chhattisgarh)-495677 Rukmani Devi @ Rukamani Devi, aged about 49 years, daughter of son of Late Somar Sahu @ Late Somar Teli Roshan @ Late Somar Roshan and wife of Sri Dularchand Saw, resident of Village- Dwarpahari, P.O. Dwarpahari, P.S. Birni, District- Giridih … Petitioners -Versus- State of Jharkhand through the Chief Secretary, Government of Jharkhand, Ranchi, Project Building, HEC, Dhurwa, P.O. & P.S. Dhurwa, District- Ranchi Chief Secretary, Government of Jharkhand, Ranchi, Project Building, HEC, Dhurwa, P.O. & P.S. Dhurwa, District- Ranchi Secretary, Department of Rural Development, Government of Jharkhand, FFP Building, P.O. & P.S. Dhurwa, District- Ranchi Commissioner, North Chhotanagpur Division, Hazaribag, P.O. & P.S. Sadar, District- Hazaribag 5. Deputy Commissioner, Giridih, P.O., P.S. & District- Giridih 6. Deputy Development Commissioner, Giridih, P.O., P.S. & District- 7. 8. Giridih Sub Divisional Officer, Giridih, P.O., P.S. & District- Giridih Block Development Officer, Gandey, P.O. & P.S. Gandey, District- Giridih 9. Circle Officer, Gandey, P.O. & P.S. Gandey, District- Giridih 10. Superintendent of Police, Giridih, P.O., P.S. & District- Giridih 11. Officer Incharge, Taratand, Giridih, P.O. & P.S. Taratand, District- Giridih 12. Mina Devi, the then Mukhiya of Panchayat- Kundalwadah, wife of Sri Binod Ram, resident of Village- Chautiya, P.O. & P.S. Taratand, District- Giridih 13. Periya Devi, wife of Late Badri Sao 14. Raju Sao, son of Sri Kati Sao 15. Bishu Sao, son of Sri Karu Sao 16. Binod Sao, son of Late Babulal Sao 17. Hiro Sao, son of Sri Butan Sao 18. Bhuneshwar Sao, son of Late Parmeshwar Sao 19. Govardhan Sao, son of Sri Bhawani Sao Nos. 13 to 19 resident of Village- Budhwaser, Panchayat- Kundalwadah, Block and Circle- Gandey, P.O & P.S. Taratand, District- Giridih 20. Khemati Bai Sahu, wife of Late Somar Sahu, presently resident of -1- W.P. (C) No. 1397 of 2023 JM/379, Coloni Jungel SECL, Dadar Road, Ward No.20, P.O. & P.S. Dadar Road, District- Korba (Chhattisgarh)-495677 21. Jagjeevan Sahu, son of Late Somar Sahu, presently resident of JM/379, Coloni Jungel SECL, Dadar Road, Ward No.20, P.O. & P.S. Dadar Road, District- Korba (Chhattisgarh)-495677 22. Dasiya Devi, wife of Sri Sewa Sao and daughter of Late Somar Sahu, resident of Panchayat Pobi, Block Jamua, Village- Shandih, P.O. Mirzaganj, P.S. Jamua, District- Giridih 23. Kunti Devi, wife of Sri Sukhdew Sahu and daughter of Late Somar Sahu, resident of Panchayat Pobi, Block Jamua, Village- Shandih, P.O. Mirzaganj, P.S. Jamua, District- Giridih 24. Manju Sahu, wife of Sri Sachin Kumar Sahu and daughter of Late Somar Sahu, resident of Ward No.3, Bajrang Chowk, Naya Basti, Hasdev Nadi Ke Kinarey, Ratakhar, P.O. & P.S. Ratakhar, District- Korba (Chhattisgarh) 25. Usha Sahu, wife of Shyamji Sahu and daughter of Late Somar Sahu, resident of LH 38, Sichai Colony Dam, Jmanipali, Ward No.35, P.O. & P.S. Kalighora, District- Korba (Chhattishgarh) 26. Nisha Sahu, wife of Sri Jagmohan Sahu and daughter of Late Somar Sahu, resident of JM 378, Coloni Jungel SECL, Dadar Road, Ward No.20, P.O. & P.S. Dadar Road, District- Korba (Chhattisgarh)-495677 27. Meena Sahu, wife of Sri Randhir Sahu and daughter of Late Somar Sahu, resident of Ward No.35, Behind Sada Colony, Shanti Nagar, Balco Nagar, P.O. & P.S. Balco Nagar, District- Korba (Chhattishgarh) … Respondents ----- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ----- For the Petitioners For the State : Mr. Rohit Ranjan Sinha, Advocate : Mr. Neil Abhijit Toppo, A.C. to G.A.-V ----- 06/22.07.2024 Heard Mr. Rohit Ranjan Sinha, learned counsel for the petitioners and Mr. Neil Abhijit Toppo, learned counsel for the State. 2. The prayer in the petition is made for direction to make proper inquiry of allowing illegal construction made under Pradhan Mantri Awas Yojna over the petitioners' land under Plot Nos.223, 224 and 169 under Khata No.4, situated at Village- Kundalwadah, Tola- Budhwaser, Thana No.630, Thana- Taratand, Circle- Gandey, District- Giridih. The prayer is also made for fixing -2- W.P. (C) No. 1397 of 2023 responsibility upon the authority concerned who has allowed to make such construction. 3. By way of referring paragraph 4 of the writ petition, learned counsel for the petitioners submits that relationship of respondent no.20 and respondent nos. 21 to 27 are disclosed therein. He submits that the petitioners' grandfather Shibu Roshan @ Shiva Teli during his lifetime executed a sale deed no.3417/3361 dated 18.05.1990 in favour of the petitioners' father transferring land consisting of 30 plots bearing Plot Nos.113, 114, 134, 135, 136, 137, 138, 140, 141, 142, 143, 144, 161, 163, 164, 165, 166, 168, 169, 170, 171, 172, 223, 224, 245, 247, 248, 260 and 262 under Khata No.4, situated at Village-Kundalwadah, Tola-Budhwaser, Thana No.630, Thana-Taratand, Circle-Gandey, District- Giridih having total area of 8.05 acres. He further submits that Khatian is recorded in the name of petitioners' great grandfather Paran Teli, son of Budhu Teli and the said land got mutated in his name and jamabandi also got created in his name in Register-II and the since purchase, he remained in peaceful possession of the same and after death of his family members, including the petitioners are in possession of the same. The rent receipts had been issued till 2017-18, contained in Annexure-1 series. He also submits that in absence of any document, the private respondents are allowed to make construction over the petitioners' land under Pradhan Mantri Awas Yojna. He submits that the petitioners have also approached before the Block Development Officer, Gandey, District- Giridih and Officer-in-Charge, Taratand Police Station, District- Giridih by way of filling representations, -3- W.P. (C) No. 1397 of 2023 contained in Annexures-8 to 10 of this petition and in spite of that, no order has been passed. He further submits that counter affidavit has been filed, wherein also, no document is annexed with regard to right, title and interest of other persons including the district administration. 4. Learned counsel for the State submits that the matter is disputed one, however, the representation of the petitioners can be considered by the Deputy Commissioner, Giridih. 5.
Decision
In view of the above and considering that rent receipts are there and copy of Register-II is also annexed in Annexure-1 series, which prima facie suggests that the plots are mutated in favour of the petitioners' father, this writ petition is being disposed of directing the petitioners to file a fresh representation before the Deputy Commissioner, Giridih within two weeks. If such representation is filed within the aforesaid period, the Deputy Commissioner, Giridih will take a final call on the said representation and pass a reasoned order in accordance with law within a period of four weeks further thereafter. It is needless to say that opportunity of hearing should be provided to the petitioners before passing reasoned order. 6. Accordingly, this petition is disposed of. Ajay/ (Sanjay Kumar Dwivedi, J.) -4- W.P. (C) No. 1397 of 2023