Jharkhand High Court
Minhaj Alam vs The State Of Jharkhand & Ors on 16 May, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No. 5679 of 2022
Minhaj Alam ..... Appellant
Versus
The State of Jharkhand & Ors. ..... Respondents
---------
CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI
---------
For the Appellant : Mr. Amit Kr. Verma, Advocate
For the Respondents :
---------
07/ Dated: 16.05.2024
Reference may be made in the order dated 24.04.2024.
"The case has been listed under the heading "For orders (with defects)".
2. Learned counsel appearing for the petitioner has prayed to ignore the defect Nos. 3 & 4 by which office has pointed out to file fresh typed copy of pages.
3. This Court has gone across the paging and we are of the view that the same can be ignored.
4. Accordingly, defect Nos. 3 & 4, are hereby ignored.
5. So far as defect No. 7 is concerned, learned counsel appearing for the petitioner has sought two weeks' time to remove the said defect which is of depositing the Court fee stamp of Rs.500/-.
6. The writ petition has been filed pro bono publico wherein there is following prayers:
(i) For direction to the Resp. No.3 i.e. The Deputy Commissioner, Deoghar to make an enquiry on the last representation dt. 12.10.2020 (Annexure-6) as per Sec. 4 (h) Bihar Land Reforms Act' 1950 as the land pertaining to Jot No. 248 Ward No. IV measuring total area 3.82 acres of land situated in Madhupur, distt.- Deoghar has been given on lease by the Pathrol Estate in the year' 1955 to one Kumudni Welfare Trust, West Bengal for the period of 50 years which has been elapsed in the year' 2005 and moreover such lease has been made after coming into force of such Act' 1950 which seems to be illegal and the Pvt. Resp. No. 6 namely Bidhan Lal Das represented himself as Director of such Trust executed a Power of Attorney on dt. 22.8.2016 (Annexure-2) in favour of Pvt.
Resp. Nos. 7 and 8 who is now going to sell the entire property in question to other persons for personal gain which causes heavy loss to the State Government as the entire land should be vest in the State after enforcing of Act' 1950;
(ii) For direction to the Deputy Commissioner, Deoghar (Resp. No. 3) to conduct an enquiry on the aforesaid land in question as the land in question comes under suspicion as per Letter No.889 dt. 2/11/21 (Annexure-5 series) issued by S.D.O, Madhupur to C.O, Madhupur however L.P.C. has been issued without going into the provision of the aforesaid Act' 1950 regarding such land and registry of such land is continue going on in the Registry Office, Deoghar instead of Registry office, Madhupur which seems to be a big land scam is going on regarding government land in the veil of Power of Attorney dt. 22.8.2016 (Annexure-2) and if the matter found true then take an immediate strict legal action against the persons who are engaged in such land scam; (iii) For grant of such other relief
(s) which would be appropriate in the interest of large public in the facts and circumstances of the case set forth in the writ application.
7. Mr. Piyush Chitresh, learned AC to learned AG has sought for three weeks' time to file counter affidavit in para wise reply in the averments made in the instant application.
8. Let this matter be posted on 16.05.2024 under the appropriate heading subject to deposit of the Court fee stamp of Rs.500/- (five hundred) which is the defect No.7, as has been pointed out by the office."
2. It is evident from the aforesaid order that as per the prayer made on behalf of the State, three weeks' time was granted to file counter affidavit, but still, the counter affidavit has not been filed.
3. The issue involved in Public Interest Litigation is of illegal transfer of land and for that reason the prayer has been made to the Deputy Commissioner, Deoghar to make an inquiry.
4. Considering the nature of issue as also the allegation of transfer of land which has been levelled, this Court is of the view that in order to restrict the third party rights, transfer of the land in question pertaining to Jot No. 248 Ward No. IV measuring total area 3.82 acres of land situated at Madhupur, District- Deoghar, is to be restrained.
Accordingly, transfer of land pertaining to Jot No. 248 Ward No. IV measuring total area 3.82 acres of land situated at Madhupur, District- Deoghar is, hereby restrained.
5. Let this order be communicated to the Secretary, Land Reforms and Registration Department, Government of Jharkhand, the Deputy Commissioner, Deoghar and the Sub-Registrar, District-Deoghar, forthwith.
6. In the meanwhile, counter affidavit in pursuant thereto order dated 24.04.2024 shall be filed.
7. Let this matter be posted on 20.06.2024.
(Sujit Narayan Prasad, J.) (Arun Kumar Rai, J.) Pramanik/suman 2