Jharkhand High Court
Ratna Prabha Sahdeo vs State Of Jharkhand & Anr on 10 September, 2015
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 7532 of 2011
Ratna Prabha Sahdeo, widow of Late Dhananjay Nath Sahdeo,
resident of Shiv Ganj, Purani Ranchi, P.O. Ranchi, P.S. Kotwali,
District Ranchi ... ... Petitioner
Versus
1. State of Jharkhand
2. Deputy Commissioner, Ranchi, P.O. & P.S. Ranchi, District
Ranchi ... ... Respondents
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. V. Shivnath, Sr. Advocate
Mr. Birendra Kumar, Advocate
For the State : Mr. Rajesh Kumar, G.P. V
12/10.09.2015Mr. Rajesh Kumar, the learned G.P. V resists the writ petition submitting that against order dated 02.02.2012, a statutory remedy under first proviso to Section 4(h) of the Bihar Land Reforms Act, 1950 is available to the petitioner.
I find that in the present writ petition, the petitioner has failed to disclose a reason for entertaining the writ petition though, a statutory remedy of appeal under first proviso to Section 4(h) of the Bihar Land Reforms Act, 1950 is available to him.
The Bihar Land Reforms Rules, 1951 has been framed. Rule 4B(ii) of 1951 Rules provides that an appeal against an order passed by the Collector of the district would lay before the Commissioner of the Division. Initially, the writ petition was filed for a direction upon the Deputy Commissioner to dispose of Case No. 58 of 200203/22 of 200304. During the pendency of the writ petition, the Deputy Commissioner has passed order dated 02.02.2012 and thus, in so far as one of the prayers in the writ petition is concerned, the same stands satisfied. In so far as, the issue of jurisdiction raised by the petitioner in the present writ petition is concerned, the same may be raised by the petitioner before the Commissioner, if the petitioner chooses to file appeal against order dated 02.02.2012.
Accordingly, this writ petition stands disposed of with liberty to the petitioner to approach the Commissioner, South Chotanagpur Division, within a period of six weeks. If an appeal is preferred by the petitioner, the same shall be disposed of, expeditiously.
(Shree Chandrashekhar, J.) Manish