Jharkhand High Court
Seventh Day Adventist Senior Secondary ... vs The State Of Jharkhand & Ors on 11 April, 2022
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 1604 of 2008
Seventh Day Adventist Senior Secondary School, Khunti
.... .. ... Petitioner(s)
Versus
The State of Jharkhand & Ors. .. ... ... Respondent(s)
With
W.P.(C) No. 1620 of 2008
Seventh Day Adventist Senior Secondary School, Khunti.... .. ... Petitioner(s)
Versus
The State of Jharkhand & Ors. .. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO .........
For the Petitioner : Mr. Sameer Saurav, Advocate [in both cases] For the respondent(s)/State : Mr. Sreenu Garapati, S.C.III [WP(C) 1604/2008] Mr. P. C. Roy, S.C. (L&C)-I [WP(C) 1620/2008] ......
13/ 11.04.2022. Heard, learned counsel for the parties.
It is hard burning issue that a school, in the name of 7 th Day Adventist Senior Secondary School, Khunti has preferred two Writ Petitions before this Court as aforesaid.
Mr. Sameer Saurav, learned counsel for the petitioner has submitted that W.P.(C) No.1604 of 2008 has been preferred on 26.03.2008 for quashing the order dated 05.11.2006, passed in S.A.R. Case No.53/2001-02 [Annexure-3] by which 85 decimal of land of Thana No.83, Khata No.81, Plot No.1349 and 1350, has been directed to restore the above mentioned land in favour of private respondent nos.6 to 12 though against the above-mentioned order dated 05.11.2006, an appeal was filed before the Deputy Commissiner, Ranchi vide SAR Appeal No.154 of 2001-02 and vide order dated 01.06.2002, the impugned order of the Sub-Divisinal Officer, Khunti was stayed in the above mentioned appeal by the Deputy Commissioner, Ranchi and it has been informed by the Deputy Collector, Legal Section, Ranchi that the record of the abovementioned case is missing. But even then the Sub-Divisional, Khunti, has passed an order upon which the Circle Officer, Ranchi/Khunti has also issued letter vide Memo NO.65(ii) dated 31.01.2008 for restoration of land in favour of private respondents. The petitioner has prayed further for quashing of notice issued vide Memo No.65(ii) dated 31.01.2008 (Annexure-6) by respondent No.5, Circle Officer, Khunti, by which it has been intimated that he will take steps for restoration of 85 decimal of land of Village- Khunti, Thana No.83, Khata No.81, Plot No.1349 and 1350.
Mr. Sameer Saurav, learned counsel for the petitioner has further submitted that another Writ Petition vide W.P.(C) No.1620 of 2008 has been preferred on 27.03.2008 for quashing of order dated 05.11.2001 passed in S.A.R. Case No.52/2001-02 (Annexure-5] by respondent no.4, by which 13.44 Acres of land, -2- Village- Khunti, Thana No.83, Khata No.33, Plot No.2 (area 5 acres), Plot no.3 (area 0.23 acres) and Plot No.6 (area 0.15 acres) and Plot NO. 7 (area 0.30 acres) and Plot No.8 (area 7.06 acre), by which it has been directed to be restored in favour of private respondent nos.6 to 11, it has further been submitted that similarly against the above mentioned order dated 05.11.2006, an appeal was filed before the Deputy Commissioner, Ranchi vide SAR Appeal No.155 of 2001-02 and vide order dated 01.06.2002 the impugned order of the Sub-Divisional Officer, Khunti was stayed in the above mentioned appeal as it has also been informed, that the record of above mentioned case is missing and pursuant to the order passed by the S.D.O., Khunti, but the C.O., Khunti has issued a letter vide Memo No.65(ii) dated 31.01.2008 for restoration of land in favour of private respondents. The petitioner has prayed for further direction for quashing of notice issued vide Memo No.65(ii) dated 31.01.2008 [Annexure-7] by respondent No.5, Circle Officer, Khunti, by which it has been intimated that he will take steps for restoration of 13.44 Acres of land of Village- Khunti, Thana No.83, Khata No.33, Plot No.2, 3, 6, 7 and 8.
Mr. Sameer Saurav, learned counsel for the petitioners has further submitted that under Right to Information Act, the respondents have furnished information that the records of S.A.R. Case No.53/2001-02 and S.A.R. Case No.52/2001-02 are missing but without disposing of the appeal pending before the Deputy Commissioner, in S.A.R. Appeal No.154/2001-02, where the interim order has been granted and in S.A.R. Appeal No.155/2001-02 where the interim order has been granted, the Circle Officer, Khunti has issued an order, as contained in Memo No.65(II) dated 31.01.2008 for restoration of land in favour of private respondent(s).
Considering the same, this Court has failed to understand that:-
(a)Whether the order passed by the Deputy Commissioner, whereby the interim order has been granted in favour of the petitioner(s) has been communicated to the Sub Divisional Officer or not?
(b) If the same has been communicated to the Sub-Divisional Officer then under which jurisdiction, the Circle Officer can issue such notice to the petitioners?
(c) It is also surprising for this Court to know that since the year 2010, there is interim protection in favour of the petitioners, but the State has failed to file counter-
affidavit in W.P.[C] No.1604 of 2008.
Under the aforesaid circumstances, the learned Commissioner, South Chotanagpur Divsion, Ranchi who is having jurisdiction over the District of Ranchi as well as Khunti shall file affidavit, in person.
Further, original record of S.A.R. Case No.53 of 2001-02 and S.A.R. Case No.52/2001-02 shall be handed-over to the respective learned counsel for the State.
-3-Further counter-affidavit filed on 08.07.2008 on behalf of respondent nos.1 to 5 in W.P.(C) No.1620 of 2008 on 08.07.2008, by Devendra Bhushan Singh, S/o Late Jadu Nandan Singh, the then S.D.O., Khunti, must be perused by the learned Commissioner, South Chotanagpur Division, Ranchi before filing counter-affidavit/ supplementary counter-affidavit.
List this case on 09.05.2022.
In the meantime, the petitioner(s) shall not be dispossessed from the land, in question till both the Writ Petitions are finally disposed of.
(Kailash Prasad Deo, J.) Sandeep/