Jharkhand High Court
Vig English School vs The State Of Jharkhand & Ors on 9 March, 2021
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 3901 of 2020
With
W.P.(C) No. 2889 of 2020
VIG English School, Chhotagovindpur, Jamshedpur represented by its
Secretary, Sri Hare Ram Singh ... ... Petitioner
Versus
The State of Jharkhand & Ors. ... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Sanjay Kumar Pandey, Advocate For the Respondents : Mr. Prakash Chandra Roy, SC (L&C)-I Mr. Ravi Prakash Mishra, AC to AAG-II
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Order No. 03 Dated: 09.03.2021 The present writ petitions are taken up today through Video conferencing.
I.A. No. 1401 of 2021 in W.P.(C) No. 3901 of 2020 The present interlocutory application has been filed on behalf of the petitioner seeking amendment in paragraph-1 as well as in the prayer portion of W.P.(C) No. 3901 of 2020 challenging the order dated 07.01.2021 passed by the respondent no. 8 - the Circle Officer, Jamshedpur Circle, Jamshedpur in BPLE Case No. 58/2020-21.
The learned counsel for the petitioner submits that though on the request of the petitioner for execution of Khas Mahal lease in relation to 2.51 acres of land appertaining to Plot No. 36 under Khata No. 239, Thana No. 1193, Mouza-Khakripara, the Lease Settlement Record Case No. 04/2015-16 was opened by the respondent no. 8 and it was recommended by the said respondent for execution of lease settlement in favour of the petitioner for the period of 30 years on payment of prescribed amount of 'Salami' as calculated on the present market value of the said land. The petitioner has deposited 80% of the fixed 'Salami' for the said purpose, however, instead of taking any final decision in the said matter, the respondent authorities have initiated land encroachment proceeding against the petitioner being BPLE Case No. 58/2020-21. During the pendency of the present writ petition, the respondent no. 8 has passed an order on 07.01.2021 purportedly under Section 6(2) of Bihar (now Jharkhand) Public Land Encroachment Act, 1956, a copy of which has been annexed as Annexure-10 to the present interlocutory application. The petitioner has sought challenge to the said order passed by the respondent no. 8 by way of filing I.A. No. 1401 of 2021.
Mr. Prakash Chandra Roy, the learned SC (L&C)-I appearing on behalf of the respondents, submits that the impugned notice dated 23.11.2020 issued by the respondent no. 8 under Section 3 of the Act, 1956 in BPLE Case No. 58/2020-21 [Annexure-9 to W.P.(C) No. 3901 of 2020] would suggest that the said land encroachment proceeding has been initiated against the petitioner for an area of 0.59 and 0.80 acre of Plot Nos. 26 and 36 respectively under Khata No. 239 of Mouza- Khakripara, P.S.-Govindpur, District- East Singhbhum, which is over and above the land measuring an area of 2.51 acres for which the Lease Settlement Record Case No. 04/2015-16 is pending before the respondent no. 4. He, however, prays for four weeks' time to seek instruction and file counter affidavit on behalf of the respondents in both the writ petitions.
Time, as prayed for, is allowed.
Having heard the learned counsel for the parties, the petitioner is permitted to challenge the order dated 07.01.2021 passed by the respondent no. 8 in BPLE Case No. 58/2020-21 purportedly under Section 6(2) of the Act, 1956 (Annexure-10 to I.A. No. 1401 of 2021 in the present writ petition).
I.A. No. 1401 of 2021 stands disposed of.
I.A. No. 6147 of 2020 in W.P.(C) No. 2889 of 2020 The present interlocutory application has been filed on behalf of the petitioner seeking amendment in paragraph-1 as well as in the prayer portion of the writ petition in which the number of the plot has been wrongly mentioned as "Plot No. 26" which should have been "Plot No. 36".
Having heard the learned counsel for the parties and keeping in view the error occurred in paragraph-1 as well as in the prayer portion of the writ petition is a typographical one, the petitioner is permitted to make necessary correction in the relevant part of the writ petition by correcting "Plot No. 26" as "Plot No. 36".
I.A. No. 6147 of 2020 stands disposed of.
W.P.(C) No. 3901 of 2020 with W.P.(C) No. 2889 of 2020 Let necessary amendment be carried out by the learned counsel for the petitioner in both the writ petitions within one week.
It is further ordered that the parties shall maintain status-quo as existing today with regard to the land appertaining to Plot Nos. 26 and 36 under Khata No. 239, Thana No. 1193, Mouza- Khakripara, measuring an area of 0.59 and 0.80 acre respectively (subject matter of BPLE Case No. 58/2020-21), till the next date fixed.
Put up these cases under appropriate heading on 05.05.2021.
(Rajesh Shankar, J.) Manish