Jharkhand High Court
Pramod Kumar Bhagat vs The State Of Jharkhand on 24 August, 2018
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 2065 of 2018
Pramod Kumar Bhagat ..... Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Ranchi
3. The Circle Officer, Bundu, Ranchi ..... Respondents
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CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner: Mr. Sameer Saurabh
For the State: Mr. A.C to G.A
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04/24.08.2018 At the request of learned counsel for the petitioner, the defect pointed
out by the office is ignored for the present.
The present writ petition has been filed for issuance of direction upon the respondent No.3 for passing an order of succession mutation on the application of the petitioner in view of the order dated 24.06.2016 passed by learned Additional Judicial Commissioner-V, Ranchi in Title Appeal No. 53/2009.
Learned counsel for the petitioner submits that the Jamabandi in respect of the land appertaining to the part of R.S Plot No. 2568 (measuring an area of 98 decimals) and the part of R.S Plot No. 2566 (measuring an area of 39.5 decimals), Khata No. 1499, Village-Bundu, District-Ranchi along with the other land of the same Khata and Plot was opened in the year 1961 in the name of the ancestors of the petitioner. Subsequently, vide order dated 07.07.1993, the Jamabandi standing in the name of the petitioner's ancestors was cancelled in a proceeding initiated under Section 4(h) of the Bihar Land Reforms Act, 1950. Thereafter, the petitioner along with one Srikant Prasad Jaiswal approached this Court by filing a writ petition being W.P.(C) No. 138/2006. This Court vide order dated 19.04.2006, by observing that such question cannot be adjudicated in the writ jurisdiction, dismissed the said writ petition giving liberty to the petitioner to move the Civil Court of competent jurisdiction for appropriate relief. Thereafter, the petitioner preferred Title Suit No. 10/2006 in the Court of the Sub-Judge-I, Khunti, Ranchi. The said title suit was dismissed vide the judgment dated 27.03.2009 and decree dated 02.04.2009 passed by the Sub-Judge-I, Khunti, Ranchi. Against the judgment and decree dated 27.03.2009 and 02.04.2009 respectively, the petitioner preferred Title Appeal No. 53/2009 in the Court of learned Judicial Commissioner, Ranchi. The said title appeal was allowed in favour of the petitioner on contest vide the judgment and decree dated 24.06.2016 and 15.07.2016 respectively passed by learned Additional Judicial Commissioner-V, Ranchi. Thereafter, the petitioner filed an application on 13.12.2016 before the respondent No.3 for passing an order of succession mutation in favour of the petitioner in respect of the land in question. However, the respondent No.3 has not yet taken any decision on the said application of the petitioner.
Learned A.C to G.A submits that if the petitioner files a fresh application before the respondent No.3 in this regard, the said authority will consider the same and pass appropriate order.
In view of the said submission made on behalf of learned counsel for the State, the petitioner is given liberty to file a fresh application in this regard giving complete details of the land in question. On receipt of such application, the respondent No.3, after verifying the record and after providing due opportunity to the petitioner and other concerned persons (if so required), shall pass appropriate order in accordance with law preferably within a period of 12 weeks from the date of receipt of the said application.
The present writ petition is accordingly disposed of with aforesaid liberty and direction.
Satish/- (RAJESH SHANKAR, J)