Jharkhand High Court
(Kailash Kumar Choudhary vs . State Of Jharkhand & Ors.) on 18 June, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 4210 of 2020
(Kailash Kumar Choudhary Vs. State of Jharkhand & Ors.)
With
W.P.(C) No. 4259 of 2020
(Kailash Kumar Choudhary Vs. State of Jharkhand & Ors.)
With
W.P.(C) No. 4265 of 2020
(Kailash Kumar Choudhary & Anr. Vs. State of Jharkhand & Ors.)
With
W.P.(C) No. 4295 of 2020
(Santosh Choudhary Vs. State of Jharkhand & Ors.)
With
W.P.(C) No. 389 of 2021
(Shankar Lal Chaudhary Vs. State of Jharkhand & Ors.)
With
W.P.(C) No. 6280 of 2022
(Md. Zakiullah Vs. State of Jharkhand & Ors.)
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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner(s) : Mr. Kushal Kumar, Advocate [in W.P.(C) Nos. 4210, 4259, 4265, 4295 of 2020 & 389 of 2021] Mr. Lukesh Kumar, Advocate [in W.P.(C) No. 6280 of 2022] For the Respondents : Mr. K.C. Suman, A.C. to G.P.-II Mr. Harsh Preet Singh, A.C. to G.P.-V Ms. Archna Kumari, A.C. to A.A.G.-V Ms. Divya, A.C. to S.C.-III Mr. Shashank Shekhar, A.C. to G.P.-III Mr. Aditya Raman, A.C. to G.A.-III
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Order No. 08 Dated: 18.06.2024 I.A. No. 10188 of 2022 in W.P.(C) No. 4210 of 2020 The present interlocutory application has been field on behalf of the petitioner seeking amendment in paragraph-1 as well as prayer portion of the writ petition and to further fortify the grounds for challenging the order as contained in memo no. 2620 dated 29.09.2011 (Anneuxre-2 to the writ petition) issued by the Deputy Commissioner, Koderma (the respondent no. 2).
2. Learned counsel for the petitioner submits that initially the petitioner challenged the order as contained in memo no. 2620 1 dated 29.09.2011 (Anneuxre-2 to the writ petition) issued by the respondent no. 2 whereby the registration/transfer of land situated at various mouzas of Koderma district were stopped contrary to the provisions of Section 71 and 74 of the Registration Act, 1908. Further prayer was made for issuance of direction upon the respondent no. 2 to notify the land in question as raiyati land of the petitioner with a further direction to the respondent no. 3- the District Sub-Registrar, Koderma to permit the registration/transfer of the said land treating the same to be the raiyati land of the petitioner.
3. It is further submitted that during pendency of the writ petition, the Circle Officer, Koderma (the respondent no. 5), vide memo no. 1438 dated 15.09.2022 in the light of order dated 29.09.2011 passed by the respondent no.2, initiated a proceeding under the provisions of Bihar Land Reforms Act, 1950 for the land in question treating the same to be of doubtful jamabandi and therefore, the petitioner intends to challenge the same which has been proposed in paragraph-6 of the present interlocutory application. Accordingly, the petitioner may be permitted to make amendment in paragraph-1 as well as prayer portion of the writ petition which has been proposed in paragraph-6 of the present interlocutory application as well as to add paragraph nos. 7 to 20 of the said interlocutory application as paragraph nos. 20A to 20N in the main writ petition to fortify the grounds to challenge the order as contained in memo no. 2620 dated 29.09.2011 issued by the respondent no. 2.
4. Learned counsel for the respondents has no objection to 2 the said prayer.
5. Having heard learned counsel for the parties and for the reasons stated in the present interlocutory application, the petitioner is permitted to amend the prayer in paragraph-1 as well as prayer portion of the writ petition as proposed in paragraph-6 of the present interlocutory application and to add paragraph nos. 7 to 20 of the present interlocutory application as paragraph nos. 20A to 20N in the main writ petition.
6. Learned counsel for the petitioner prays for and is allowed three weeks' time to file amended writ petition.
7. I.A. No. 10188 of 2022 stands disposed of. I.A. No. 10187 of 2022 in W.P.(C) No. 4259 of 2020
8. The present interlocutory application has been field on behalf of the petitioner to further fortify the grounds to challenge the order as contained in memo no. 2620 dated 29.09.2011 (Anneuxre-2 to the writ petition) issued by the Deputy Commissioner, Koderma (the respondent no. 2).
9. Learned counsel for the petitioner submits that the petitioner has taken additional grounds while challenging the impugned order as contained in memo no. 2620 dated 29.09.2011 which have been mentioned in paragraph nos. 6 to 17 of the present interlocutory application.
10. Learned counsel for the respondents have no objection to the said prayer.
11. Having heard learned counsel for the parties and considering that the aforesaid grounds will not change the case of the petitioner, he is permitted to add paragraph nos. 6 to 17 of the 3 present interlocutory application as paragraph nos. 21A to 21L in the main writ petition.
12. Learned counsel for the petitioner prays for and is allowed three weeks' time to file amended writ petition.
13. I.A. No. 10187 of 2022 stands disposed of. I.A. No. 10185 of 2022, I.A. No. 1933 of 2023 and I.A. No. 6559 of 2023 in W.P.(C) No. 4265 of 2020
14. I.A. No. 10185 of 2022 has been field on behalf of the petitioners seeking amendment in the writ petition by further fortifying the grounds to challenge the order as contained in memo no. 2620 dated 29.09.2011 (Anneuxre-2 to the writ petition) issued by the Deputy Commissioner, Koderma (the respondent no. 2). Further prayer has been made seeking impleadment of the Circle Officer, Koderma and the Sub-Divisional Officer, Koderma as party respondents in the present writ petition.
15. Learned counsel for the petitioners submits that the petitioners have taken additional grounds while challenging the impugned order as contained in memo no. 2620 dated 29.09.2011 issued by the respondent no. 2, which have been mentioned in paragraph nos. 6 to 17 of I.A. No. 10185 of 2022. Hence, they may be permitted to add the said paragraphs as paragraph nos. 21A to 21L in the main writ petition as well as to implead the Circle Officer, Koderma and the Sub-Divisional Officer, Koderma as party respondents in the present writ petition.
16. Learned counsel for the respondents has no objection to the said prayer.
17. Having heard learned counsel for the parties and 4 considering that the aforesaid grounds will not change the case of the petitioners, they are permitted to add paragraph nos. 6 to 17 of I.A. No. 10185 of 2022 as paragraph nos. 21A to 21L in the main writ petition. They are also permitted to implead the Circle Officer, Koderma and the Sub-Divisional Officer, Koderma as the respondent nos. 4 and 5 respectively in the present writ petition.
18. Learned counsel for the petitioners prays for and is allowed three weeks' time to file amended writ petition.
19. I.A. No. 10185 of 2022 stands disposed of.
20. I.A. No. 1933 of 2023 was filed on behalf of the petitioners on 21.02.2023 seeking issuance of direction upon the respondents not to proceed with 'Doubtful Jamabandi Case No. 55/2021-22' and not to take any coercive step against the petitioners.
21. Learned counsel for the petitioners submits that since the I.A. No. 1933 of 2023 was filed about one year and four months back, he does not press the same at this juncture.
22. Considering the said submission, I.A. No. 1933 of 2023 is dismissed as not pressed.
23. I.A. No. 6559 of 2023 was filed on behalf of the petitioners on 26.07.2023 for staying the operation, implementation and execution of letter no. 695 dated 08.06.2023 issued by the respondent no. 2 whereby the records of Doubtful Jamabandi Case Nos. 54/2021-22 and 55/2021-22 as well as other records were sent for approval of the order for cancellation of Jamabandi standing in the name of the petitioners.
24. Learned counsel for the petitioners submits that since the 5 I.A. No. 6559 of 2023 was filed about one year back, he does not press the same at this juncture with liberty to the petitioners to file a fresh one if any adverse decision is taken against them in the concerned Doubtful Jamabandi cases.
25. Considering the said submission, I.A. No. 6559 of 2023 is dismissed as not pressed with aforesaid liberty. I.A. No. 10184 of 2022 in W.P.(C) No. 4295 of 2020
26. The present interlocutory application has been field on behalf of the petitioner to further fortify the grounds to challenge the order as contained in memo no. 2620 dated 29.09.2011 (Anneuxre-2 to the writ petition) issued by the Deputy Commissioner, Koderma (the respondent no. 2).
27. Learned counsel for the petitioner submits that the petitioner has taken additional grounds while challenging the impugned order as contained in memo no. 2620 dated 29.09.2011 which have been mentioned in paragraph nos. 6 to 17 of the present interlocutory application.
28. Learned counsel for the respondents have no objection to the said prayer.
29. Having heard learned counsel for the parties and considering that the aforesaid grounds will not change the case of the petitioner, he is permitted to add paragraph nos. 6 to 17 of the present interlocutory application as paragraph nos. 21A to 21L in the main writ petition.
30. Learned counsel for the petitioner prays for and is allowed three weeks' time to file amended writ petition.
31. I.A. No. 10184 of 2022 stands disposed of. 6 I.A. No. 10186 of 2022 in W.P.(C) No. 389 of 2021
32. The present interlocutory has been filed on behalf of the petitioner seeking amendment in the writ petition to further fortify the grounds to challenge the order as contained in memo no. 2620 dated 29.09.2011 (Anneuxre-2 to the writ petition) issued by the Deputy Commissioner, Koderma (the respondent no. 2). Further prayer has been made seeking impleadment of the Circle Officer, Koderma and the Sub-Divisional Officer, Koderma as party respondents in the present writ petition.
33. Learned counsel for the petitioner submits that the petitioner has taken additional grounds while challenging the impugned order as contained in memo no. 2620 dated 29.09.2011 issued by the respondent no. 2, which have been mentioned in paragraph nos. 6 to 17 of the present interlocutory application. Hence, they may be permitted to add the said paragraphs as paragraph nos. 23A to 23L in the main writ petition as well as to implead the Circle Officer, Koderma and the Sub-Divisional Officer, Koderma as party respondents in the present writ petition.
34. Learned counsel for the respondents has no objection to the said prayer.
35. Having heard learned counsel for the parties and considering that the aforesaid grounds will not change the case of the petitioner, he is permitted to add paragraph nos. 6 to 17 of the present interlocutory application as paragraph nos. 23A to 23L in the main writ petition. He is also permitted to implead the Circle Officer, Koderma and the Sub-Divisional Officer, Koderma as the respondent nos. 4 and 5 respectively in the present writ petition. 7
36. Learned counsel for the petitioner prays for and is allowed three weeks' time to file amended writ petition.
37. I.A. No. 10186 of 2022 stands disposed of. W.P.(C) No. 4210 of 2020 With W.P.(C) No. 4259 of 2020 With W.P.(C) No. 4265 of 2020, With W.P.(C) No. 4295 of 2020 With W.P.(C) No. 389 of 2021 With W.P.(C) No. 6280 of 2022
38. Mr. Lukesh Kumar, learned counsel for the petitioner of W.P.(C) No. 6280 of 2022 submits that the respondents have not yet filed the counter affidavit in the present case.
39. Mr. Aditya Raman, learned A.C. to G.A.-III appearing on behalf of the respondents, prays for and is allowed three weeks' time by way of last indulgence to file counter affidavit in W.P.(C) No. 6280 of 2022.
40. Put up these cases under the heading "For Admission" on 16.07.2024.
(Rajesh Shankar, J.) Ritesh/ 8