Jharkhand High Court
Seventh Day Adventist Senior Secondary ... vs The State Of Jharkhand & Ors on 20 June, 2022
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 1604 of 2008
Seventh Day Adventist Senior Secondary School, Khunti .... .. ... Petitioner(s)
Versus
The State of Jharkhand & Ors. .. ... ... Respondent(s)
With
W.P.(C) No. 1620 of 2008
Seventh Day Adventist Senior Secondary School, Khunti.... .. ... Petitioner(s)
Versus
The State of Jharkhand & Ors. .. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO .........
For the Petitioner : Mr. Sameer Saurav, Advocate [in both cases] For the respondent(s)/State : Mr. Mihir Kunal Ekka, AC to Mr. Sreenu Garapati, S.C.III [WP(C) 1604/2008] Mr. P. C. Roy, S.C. (L&C)-I [WP(C) 1620/2008] For the Pvt. Respondents : Mr. Parwez A. Khan, Advocate (in both cases) ......
15/ 20.06.2022. Both the aforesaid Writ Petitions are arising out of common issue, as such, both are being heard together and disposed of ,by this Common order/judgment.
Heard, learned counsel for the parties.
It is hard burning issue that a school, in the name of 7 th Day Adventist Senior Secondary School, Khunti has preferred two Writ Petitions before this Court as aforesaid and pending because of non-availability of the concern record before the Deputy Commissioner, Ranchi or Khunti.
Mr. Sameer Saurav, learned counsel for the petitioner has submitted, that W.P.(C) No.1604 of 2008 has been preferred on 26.03.2008 for quashing the order dated 05.11.2006, passed in S.A.R. Case No.53/2001-02 [Annexure-3] by which 85 decimal of land of Thana No.83, Khata No.81, Plot No.1349 and 1350, has been directed to restore in favour of private respondent nos.6 to 12, though against the above-mentioned order dated 05.11.2006, an appeal was filed before the Deputy Commissiner, Ranchi vide SAR Appeal No.154 of 2001-02 and vide order dated 01.06.2002, the impugned order of the Sub-Divisinal Officer, Khunti was stayed in the above mentioned appeal by the Deputy Commissioner, Ranchi .
It has been informed by the Deputy Collector, Legal Section, Ranchi that the record of the abovementioned case is missing. But even then the the Circle Officer, Khunti has issued letter vide Memo NO.65(ii) dated 31.01.2008 for restoration of land in favour of private respondents.
The petitioner has further prayed for quashing of notice issued vide Memo No.65(ii) dated 31.01.2008 (Annexure-6) by respondent No.5, Circle Officer, Khunti, by which it has been intimated that he will take steps for restoration of 85 decimal of land of Village- Khunti, Thana No.83, Khata No.81, Plot No.1349 and 1350.
-2-Mr. Sameer Saurav, learned counsel for the petitioner has further submitted, that another Writ Petition vide W.P.(C) No.1620 of 2008 has been preferred on 27.03.2008 for quashing of order dated 05.11.2001 passed in S.A.R. Case No.52/2001-02 (Annexure-5] by respondent no.4, by which 13.44 Acres of land, Village- Khunti, Thana No.83, Khata No.33, Plot No.2 (area 5 acres), Plot no.3 (area 0.23 acres) and Plot No.6 (area 0.15 acres) and Plot NO. 7 (area 0.30 acres) and Plot No.8 (area 7.06 acre), has been directed to be restored in favour of private respondent nos.6 to 11, it has further been submitted that similarly against the above mentioned order dated 05.11.2001, an appeal was filed before the Deputy Commissioner, Ranchi vide SAR Appeal No.155 of 2001-02 and vide order dated 01.06.2002 the impugned order of the Sub-Divisional Officer, Khunti was stayed in the above mentioned appeal.
It has also been informed, that the record of above mentioned case is also missing but pursuant to the order passed by the S.D.O., Khunti, the C.O., Khunti has issued a letter vide Memo No.65(ii) dated 31.01.2008 for restoration of land in favour of private respondents.
The petitioner has further prayed for quashing of notice issued vide Memo No.65(ii) dated 31.01.2008 [Annexure-7] by respondent No.5, Circle Officer, Khunti, by which it has been intimated that he will take steps for restoration of 13.44 Acres of land of Village- Khunti, Thana No.83, Khata No.33, Plot No.2, 3, 6, 7 and 8.
Mr. Sameer Saurav, learned counsel for the petitioners has further submitted, that the dispute cropped up before the Court that the petitioner has preferred appeal before the Deputy Commissioner, Ranchi against the order passed in S.A.R. Case No.53/2001-02 and S.A.R. Case No.52/2001-02 and the said Appeals were registered vide S.A.R. Appeal No.154/2001-02 and vide S.A.R. Appeal No.155/2001-02 whereby, the interim order has been granted in favour of the petitioner. Thereafter the District of Khunti was created from the District of Ranchi. However, the said file was transferred from the Court of Deputy Commissioner, Ranchi to the Court of Deputy Commissioner, Khunti, and thereafter the file could not be located or traced.
It appears that several counter-affidavits have been filed before this Court, but ultimately no file with regard to S.A.R. Appeal No.154/2001-02 and S.A.R. Appeal No.155/2001-02 could be located, even after taking disciplinary action against the erring officer(s).
Having heard, learned counsel for the parties and gone through the records, this Court directs the petitioner who is appellant before the Deputy Commissioner, Ranchi to file the memo of appeal before the Deputy Commissioner, Khunti within a -3- period of 15 days from today along with copy of memo of appeal and annexures to be served upon the private respondents for whom Mr. Parwez A. Khan, learned counsel is appearing before this Court.
The private respondent(s) are directed to file their response after receiving the notice from the Court of Deputy Commissioner, Khunti.
This Court directs the Deputy Commissioner, Khunti and Ranchi that they should adopt method of digitization, apart from the maintenance of records in the Collectorate, as this Court has found in several Districts, that State is not careful in maintenance of records. The same fact has been informed to the Chief Secretary, Government of Jharkhand with regard to the district of Ranchi, Hazaribagh and Khunti, as such, this Court directs the Deputy Commissioner, Khunti to adopt some method for maintenance of record.
Mr. Sameer Saurav, learned counsel for the petitioner has further submitted that he will file an appeal by 15 th July, 2022 along with copy to be served upon the respondents.
Mr. Parwez A. Khan, learned counsel for the private respondent(s) has submitted that respondents will receive the copy by 18 th July, 2022.
The Deputy Commissioner, Khunti, is directed to fix the date and after giving sufficient opportunity to the parties, shall dispose of the appeal with reasoned order within a period of three months thereafter.
Till, the disposal of the said appeals by the Deputy Commissioner, Khunti, no coercive steps shall be taken against the petitioners.
Accordingly, both the Writ Petition stand disposed of. Pending I.As., if any, stands closed.
Let a copy of this order be communicated to the Chief Secretary, Government of Jharkhand and the Deputy Commissioner, Ranchi as well as the Deputy Commissioner, Khunti through FAX or e-mail at once.
(Kailash Prasad Deo, J.) Sandeep/