Jharkhand High Court
Jagdeo Pandit & Anr vs State Of Jharkhand & Ors on 11 September, 2012
Author: P.P.Bhatt
Bench: P.P.Bhatt
IN THE HIGH COURT OF JHARKHAND,RANCHI.
W.P(C) No. 7397 of 2011
Jagdeo Pandit &Anr
................................ Petitioner(s)
Versus
State of Jharkhand &Ors... . . .............................Respondent(s)
CORAM :- HON'BLE MR. JUSTICE P.P.BHATT
For the Petitioner(s) : Mr. P.K.Jha
For the Respondents :- J.C to S.CI
3/11.9.2012The present petition is filed with a prayer to issue necessary direction upon the respondents authority to dispose of the settlement cancellation Case No. 76/98-99 forthwith pending before the court of Sub divisional officer,Godda from 1998-1999 which has been filed by the Circle Officer, Sundar Pahari Block within the district of Godda. It is further prayed that necessary direction may be issued to the respondents authority not to make any construction over J.B. No. 40/1 and 40/6 situated to Sundar Pahari Mouza within Godda district pertaining to plot no. 680 and also not disturb the peaceful possession of the petitioner over the said land who are residing and cultivating over the said land from 22.3.1973 to 2.4.1980 are the said land has already been settled with both the petitioners by the Sub divisional officer Godda.
Heard the learned counsel appearing for the petitioners as well as the respondents-State. Perused the materials produced on record.
According to the learned counsel for the petitioners, the land in question has been settled in favour of the petitioners and it has been declared in favour of the petitioners even up to the level of the Hon'ble Patna High Court in the year 1986. In support of his contention, the learned counsel has referred to and relied upon the annexure-2 i.e. the order passed in C.W.J.C No. 2273 of 1981.
As against that, the learned counsel appearing for the State Government by referring Section 33 of Santhal Parganas Tenancy Law has pointed out that the State is having power and authority to acquire the land in view of the section 33 of the Act. The learned counsel appearing for the State Government by referring show cause issued to the petitioners has pointed out that the matter is pending before the SDO Godda .
Since the matter is pending before the competent authority it would not be just and proper to exercise writ jurisdiction under Article 227 of the Constitution of India at this juncture.
In view of the aforesaid position, as the proceedings are pending since 1998-99 before the SDO Godda and in respect thereof show cause notice dated 9.4.2011(Annexure-3) has been issued by the competent authority upon the present petitioners, the present petitioners are required to submit their explanation in response to the said notice and shall produce documents to show that land in question has been settled in their favour and the same is upheld by the Patna High Court in the year 1986 before the competent authority and the competent authority shall consider and decide the submissions/objection filed by the petitioners in accordance with law after giving them reasonable opportunity of hearing. The Sub-divisional Officer, Godda shall deal with and decide the said matter as expeditiously as possible preferably within a period of three months from the date of receipt of this order.
With the aforesaid observation this petition stands disposed of.
(P.P.Bhatt,J) SD