Shashi Kanth Ojha, son of Sri Krdar Nath Ojha, behind United Bank, Ward No.3 v. 1. State of Jharkhand 2. Deputy Commissioner, Hazaribagh, P.O. & P.S. & Dist.- Hazaribagh
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 7235 of 2017 Shashi Kanth Ojha, son of Sri Krdar Nath Ojha, behind United Bank, Ward No.3, resident of Village Okni, P.O.-Hazaribagh, P.S.- Sadar, Dist-Hazaribagh, Jharkhand .... Petitioner Versus 1. State of Jharkhand 2. Deputy Commissioner, Hazaribagh, P.O. & P.S. & Dist.- Hazaribagh 3. Khas Mahal Officer, Hazaribagh, P.O. & P.S. & Dist.-Hazaribagh …. Respondents With W.P. (C) No. 6186 of 2017 1. Kuldeep Rana, son of Jivan Lal Rana 2. Arjun Rana, son of Ramdeo Rana 3. Ashutosh Pandey, son of Radhey Pandey 4. Vibha Choudhary wife of Uday Kant Choudhary 5. Kalo Devi wife of Kedar Mehta 6. Premlal Ram son of Udhi Baitha 7. Nitu Kumari wife of Sanjeev Kumar Sinha 8. Lakhan Prasad son of Ram Chandra Mahto 9. Pradeep Kumar Mehta @ Pradeep Pd. Mehta, son of Harihar Prasad Mahto 10. Arjun Kumar Verma son of Dhanu Mahto 11. Santosh Kumar @ Muna Kuswaha son of Budhan Mahto 12. Shashi Mehta, son of Rajkumar Mahto 13. Bhuneshwar Mehta son of Ganduri Mahto 14. Rajendra Kuswaha son of Deo Narayan Mehta 15. Nawal Kishore Singh son of Sadhu Singh 16. Santosh Kumar Gupta son of Girdhari Sao W.P. (C) No.7235 of 2017 with analogous cases 1 17. Hulash Prasad Kuswaha son of Raghunath Mahto 18. Anil Mehta son of Saryu Mahto 19. Ganesh Kumar Mehta son of Obinath Mahto All are residents of Village-Nura, P.O. & P.S. & Dist.- Hazaribagh, Jharkhand .... Petitioners Versus 1. State of Jharkhand 2. Deputy Commissioner, Hazaribagh, P.O. & P.S. & Dist.- Hazaribagh 3. Khas Mahal Officer, Hazaribagh, P.O. & P.S. & Dist.-Hazaribagh …. Respondents With W.P. (C) No. 7292 of 2017
Legal Reasoning
1. Anil Kumar Mehta, son of Ram Prakash Mehta 2. Dayanand Mehta, son of Fagu Mahto 3. Horil Prasad Singh, son of Rami Prasad Singh 4. Laleshwar Yadav son of Kali Mahto 5. Gayatri Devi, wife of Rameshwar Mahto 6. Putul Devi, wife of late Ashok Pd. Keshri 7. Basanti Rama, wife of Krishna Rana 8. Chotan Rana, son of late Barhar Rana 9. Sabana Parween, wife of Md. Meesar 10. Basanti Devi, wife of Ashok Kumar Mehta 11. Birju Mehta, son of late Chedi Mahto 12. Hulash Pd. Mehta, son of late Sewa Mahto 13. Awadh Kr. Bharti, son of late Brij Kishore Mehta 14. Rameshwar Mahto, son of late Manu Mahto 15. Baleshwar Pd. Mehta, son of late Gulab Mahto 16. Sangeeta Devi, wife of Shankar Prasad 17. Alka Devi, wife of Rajesh Prasad Chourisiya W.P. (C) No.7235 of 2017 with analogous cases 2 18. Sahin, wife of Md. Jamiruddin 19. Sahida Khatoon, wife of Jamaluddin 20. Gandori Mahto, son of late Pati Mahto 21. Jamni Devi, wife of Keshar Soni 22. Krishna Kumar Verma, son of Mahabir Mahto 23. Surendra Prasad Mahto, son of Gulab Mahto 24. Bholi Devi, wife of late Nageshwar Pd. Mehta 25. Raukmani Devi, wife of Bangali Yadav 26. Mahadev Yadav, son of Titu Yadav 27. Tilak Gope, son of late Bhola Gope 28. Chinta Devi, wife of Shankar Prasad Chourisia 29. Jayantin Devi, wife of Mahesh Prasad 30. Jai Prakash Pandey, son of late Brij Lal Pandey 31. Sita Devi, wife of Ram Bilash Ram 32. Urmila Devi, wife of Laxman Mahto 33. Rajdev Ram Dangi, son of Ganpati Mahto All are residents of Village-Noora, P.O.- Noora, P.S.-Sadar, Dist.- Hazaribagh (Jharkhand) .... Petitioners Versus 1. State of Jharkhand 2. The Deputy Commissioner, Hazaribagh, P.O. & P.S. & Dist.- Hazaribagh 3. Khas Mahal Officer, Hazaribagh, P.O. & P.S. & Dist.-Hazaribagh …. Respondents With W.P. (C) No. 7459 of 2017 1. Sheo Suman Saurav Singh, son of late Raj Kumar Singh 2. Awadesh Kumar Singh 3. Devanti Devi, wife of late Raj Kumar Singh 4. Usha Devi, wife of Dhirendra Bhagat W.P. (C) No.7235 of 2017 with analogous cases 3 5. Ajay Kumar Shaw, son of Dhaneshwar Shaw 6. Purnima Devi, wife of late Arjun Ram 7. Sarita Devi, wife of Ajay Kumar Saw 8. Dhandeshwar Saw, son of late Bikhan Saw 9. Bijay Kumar Singh, son of late Mulidi Singh All are residents of Village-Okni, P.O.- Hazaribag, P.S.-Sadar & Dist.-Hazaribagh, Jharkhand .... Petitioners Versus 1. State of Jharkhand 2. Deputy Commissioner, Hazaribagh, P.O. & P.S. & Dist.- Hazaribagh 3. Khas Mahal Officer, Hazaribagh, P.O. & P.S. & Dist.-Hazaribagh …. Respondents P R E S E N T For the Petitioners For the Respondents HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. : Ms. Chandana Kumari, Advocate : Mr. Praveen Akhauri, SC Mines I : Mr. Sharabhil Ahmed, AC to SC Mines I : Mr. A.K. Geasen, AC to AAG IA : Mr. Anup Kr. Agrawal, AC to GA IV By the Court:- 1. 2. ….. Heard the parties.
Decision
The Writ Petition Nos. 7235 of 2017, 7292 of 2017 and 7459 of 2017 have been filed with a prayer to set aside the press release dated 01.12.2017 published in the newspaper whereby and where under, the respondent no.3 directed the petitioners to vacate the land allegedly encroached by them. W.P. (C) No.7235 of 2017 with analogous cases 4 3. It is submitted by the learned counsel for the petitioners drawing attention of this Court to Clause 4 (ii) of the Government Resolution No.7/Kha Ma (Vivid)-313/14/239/Ra dated 29.03.2016 that as per the same, in case a lessee is not using the leased land for its own use and it is proved that the leased land is utilized by any second person or any structure has been constructed thereon then after hearing the version of the lessee within a maximum period of 90 days and in case of being not satisfied, lease settlement of the earlier lessee shall be cancelled and the lease settlement will be made on the present person in possession after taking 10% surcharge and a fresh lease settlement will be made. It is next submitted by the learned counsel for the petitioners drawing attention of this Court to Annexure -4 of W.P. (C) No.7235 of 2017 that though a representation dated 02.06.2005 has been made with the aforesaid prayer but the respondent no.3 is sitting over the matter and is not disposing of the same. 4. So far as W.P. (C) No. 7459 of 2017 is concerned, it is submitted by the learned counsel for the petitioners that nine petitioners of the said writ petition filed nine separate representations to the aforesaid effect which has been kept at Annexure-9 series and the respondent no.3 is sitting over the matter and is not disposing of the same. 5. So far as W.P. (C) No. 7292 of 2017 is concerned, it is submitted by the learned counsel for the petitioners that in these writ petitions, the petitioners submitted that the petitioners will file a W.P. (C) No.7235 of 2017 with analogous cases 5 fresh application before the respondent no.3- Khas Mahal Officer, Hazaribagh with a prayer to issue fresh lease of land. 6. So far as fact of W.P. (C) No.6186 of 2017 is concerned, it is submitted by the learned counsel for the petitioners drawing attention of this Court to Annexure-6 and 6/1 of the said writ petition which are the copy of the notices issued by the respondent no.3 for vacating the lands in question and to remove the construction made thereon and also drawing attention of this Court to Annexure-7; that the petitioner no.6 has only submitted a representation on 22.10.2017. 7. It is further submitted by the learned counsel for the petitioners that the petitioners abandon their original prayer in the writ petition and modifies their prayer and submit that they will file a fresh representation before the respondent no.3 for issue of fresh lease of the lands in terms of the resolution No.7/Kha Ma (Vivid)- 313/14/239/Ra dated 29.03.2016 and the respondent no.3 be directed to consider the same within a reasonable time. Learned counsel for the respondent no.3 has no serious objection. Considering the aforesaid facts, all these writ petitions are disposed of with a liberty to the petitioners to file a fresh representation for issue of fresh lease of the lands in terms of the resolution No.7/Kha Ma (Vivid)-313/14/239/Ra dated 29.03.2016 and in case, such a representation is submitted to the respondent no.3, the respondent no.3 is directed to consider the same and 8. 9. W.P. (C) No.7235 of 2017 with analogous cases 6 pass a reasoned and speaking order, in respect of the same, within eight weeks from the date of submission of such representations by the petitioners. 10. All the writ petitions are disposed of accordingly. High Court of Jharkhand, Ranchi Dated the 25th June, 2024 AFR/Sonu-Gunjan/- (Anil Kumar Choudhary, J.) W.P. (C) No.7235 of 2017 with analogous cases 7