Jharkhand High Court
Upendra Kumar vs The State Of Jharkhand And Anr on 27 February, 2015
Author: P.P. Bhatt
Bench: P.P. Bhatt
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IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cont. Case (Civil) No.949 of 2013
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Upendra Kumar, son of Late Jhingur Kumar, permanent resident of
Benta Road, Post Laharia Sarai, Police Station Laharia Sarai, District
Darbhanga, Bihar, presently residing at C-II/2178, Vasant Kunj, Post
Vasant Kujh, Police Station Vasant Kunj, District New Delhi.
..................... Petitioner
-- Versus -
1.The State of Jharkhand,
2.Sri Rahul Kumar Purwar, son of not known to the petitioner, posted as
the Deputy Commissioner, Deoghar, officiating from D.C. Office,
Deoghar, Post Deoghar, Police Station Deoghar, District Deoghar.
................Respondents
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CORAM :- HON'BLE MR. JUSTICE P.P. BHATT
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For the Petitioner :-Mrs.Ritu Kumar, Advocate
For the Respondent :-Mr. Manoj Kumar, S.C. (Mines)
M/s.Sunil Singh,
Sreenu Ganapati, Advocate
J.C. To S.C. Mines.
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17/ 27.02.2015Learned counsel for the petitioner submits that the order passed by this Court has not been complied by the respondent till date. In response to this submission, learned counsel for the respondent- State Government, by referring the show cause dated 11.2.2015 submits that in compliance of the order passed by this Court, the opposite party, passed a reasoned order on the application filed by the petitioner. The copy of the said order is also annexed vide annexure'A' to the show cause. It is also submitted that in compliance to the order passed by this Court, the opposite party no.2 passed a reasoned order dated 3.2.2014 and thus disposed of the said mutation case no.159/2012-13 and the copy thereof is also produced vide annexure- B. By referring paragraph-8, it is submitted that the C.B.I is investigating the land scam of more than 800 acres of land in Deoghar and Mohanpur Anchal and the writ petition filed by the District Bar Association is also pending before the Hon'ble High Court and the .
C.B.I has been directed to investigate the matter in W.P.(PIL) No.5575 of 2011 by the Hon'ble High Court. It is further pointed out by referring paragraph -9 that at present the C.B.I is investigating the District Deoghar Record Room scam being R.C.No.15(A)/2012(D) and the Deputy Commissioner, Deoghar stayed the transfer of the land by sale, purchase and mutation etc. and created new Jamabandi of such land which has been acquired either under Section 25 A of Regulation II 1886 or under provision of Section 53 of the SPT Act, 1949. The photocopy of the letter is also produced vide annexure -C along with the show cause. It is further pointed out, by referring paragraph -10, that records/register-II Volume I of the Mauza Madarichak, Deoghar, was stolen which was kept in the sealed box in the record room. The then Deputy Commissioner took immediate action and the CBI registered the case and the matter is still under investigation and the said case is also monitored by the Hon'ble High Court. However, it is stated in paragraph-11 that the opposite parties undertake to reconstruct the Register-II of Mauza Madarichak just after completion of the CBI investigation.
Learned counsel appearing for the petitioner submitted that the petitioner has not been communicated any order passed by the Circle Officer, which has been referred in this show cause filed by the respondent -State Government.
In response to this, learned counsel appearing for the respondent-State Government has submitted that since the proceedings were initiated upon the application filed by the petitioner, and various orders have been passed in pursuant to the request made by the petitioner. The last order dated 3.2.2014 passed by the Circle Officer, Deoghar, will be communicated to the petitioner in compliance .
of the order passed by this Court. It is further submitted that if the petitioner is aggrieved by the said order, he can file the substantive petition challenging the said order. So far as the present proceedings are concerned, the direction given by the Court in W.P.(C) No.1356/ 2013 is concerned, the same has been complied with.
According to the learned counsel for the petitioner, the order passed by this Court has not been complied with in its true perspective as a reasons assigned by the Circle Officer in its order dated 3.2.2014 is not at all a reason on merit of the application preferred by the petitioner, in fact, the Circle Officer has passed the order to the effect that for want of any specific instruction received from the Deputy Commissioner, Deoghar, he is not in a position to pass any further order .
In response to this submission, learned counsel for the respondent State Government pointed out from the order dated 3.2.2014, that on account of stay order passed by the Dy. Commissioner, Deoghar against transfer of land by sale, purchase and mutation etc., and to create any new Jamabandi of land which has been acquired under Section 25 of the Regulation 11 of 1986 or under Section 53 of the S.P.T. Act, 1949, the Circle Officer is not in position to pass any such order which are in contravention of the order passed by the Deputy Commissioner.
Since the order passed by the Circle Officer dated 3.2.2014 has not been communicated officially to the petitioner, the respondent State Government shall communicate the said order to the petitioner within a period of four weeks from the date of receipt of the order.
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Circle Officer feels that any fresh order is required to be passed after seeking guidance from the Deputy Commissioner, he may do so. In the event of passing such order, the same be communicated to the petitioner.
Put up this case on 1st April, 2015.
( P.P. Bhatt, J.) SI/-