IN THE HIGH COURT OF JHARKHAND AT RANCHI
VIRENDER SINGH And P.P. BHATT, JJ
Radha Devi - Petitioner
Versus
State of Jharkhand - Respondents
W.P.(PIL) No. 3290 of 2014
Decided On : 9-12-2015
(B) Legal Services Authorities Act, 1987—Preamble—Legal services authorities have been created to ensure that opportunities for securing justice are not denied to any citizen owing to economic or other disabilities—LSAs are meant to provide relief to weaker sections of society.
Virender Singh, J.
Petitioner, who is a Dalit landless widow, by way of the present Public Interest Litigation has prayed for the following reliefs:-
i. for issuance of an appropriate direction upon the respondent No.2 to constitute Bhoodan Yagna Committee in terms of Section 3 of the Jharkhand Bhoodan Yagna Act, 1954 on the basis of recommendation made by the Sarva Seva Sangh (Akhil Bharat Sarvodaya Mandal) vide memo No. 30/2014-15 dated 06.05.2014 and memo no. 33/2014-15 dated 07.05.2014.
ii. for issuance of direction upon the authority concern to constitute high level enquiry by an independent agency against land grabbing of Bhoodan land by politician and land mafias and after completion of an enquiry a regular criminal case may be initiated against the wrong doer and erring officer who are/were involved in grabbing of Bhoodan Land and its respective beneficiaries may also be brought under purview of an enquiry.
iii. for issuance of direction upon the respondent No.4 to allocate remaining Bhoodan Land amongst landless person of village community, Gram Panchayat or a cooperative society organized by the committee in terms of Section 14 of the Jharkhand Bhoodan Yagna Act, 1954.
iv. for issuance of directions upon the respondent authority to provide protection to the guarantee of Bhoodan land from enactment in terms of Section 14A of the Jharkhand Bhoodan Yagna Act, 1954 and distribution of land must be settled before the distribution in favour of the grantee in terms of Section 16 of the Jharkhand Bhoodan Yagna Act, 1954.
v. for issuance of direction upon the authority concern not to eject landless persons from lawful possession of the Bhoodan Lands and to take action in terms of Section 22 of the said Act and for direction to impose penalty upon pesons who are in unlawful possession of Bhoodan Land in terms of Section 23A of the Jharkhand Bhoodan Yagna Act, 1954.
2. The background of the case is that Bhoodan-Gramdan movement had been initiated by Archaya Vinoba Bhave, one of the great spiritual leaders and reformers of modern India, whose work & personal example moved the hearts of countless Indians.
3. The erstwhile State of Bihar had enacted the Bihar Bhoodan Yagna Act, 1954 to facilitate the donation of land in connection with the Bhoodan Yagna and further to provide for the settlement of the same with the landless person or with a village community, Gram Panchayat or with co-operative society organized by the Bhoodan Yagna Committee.
4. After the re-organization, the State of Jharkhand adopted the old Act and according to Act a Committee was constituted vide notification no. 5387 dt. 28.11.2002 and by which one Chairman and Five other members were nominated to discharge function under the Act.
5. According to the petitioner, the respondent government of Jharkhand is failed to achieve the object of Jharkhand Bhoodan Yagna Act, 1954 and donated land of Bhoodan has not been distributed due to inaction of the respondent concern. Consequently large scale of Bhoodan Land being grabbed by the land grabber with the help of heirs of donor of land in connivance with local revenue administration and it is flagrantly sold by the heirs of the donor by illegal manner. This situation is prevailing in the State of Jharkhand and the local administration is fully aware from such illegal situation. There is loot of Bhoodan Land in the State of Jharkhand.
6. According to the petitioner, the State of Jharkhand has failed to constitute regulatory and controlling authority as constitution of Jharkhand State Bhoodan Yagna Committee in-spite of proposal made by the competent authority Serva Sewa Sangh. The preamble of the Constitution has been flagrantly frustrated in the State of Jharkhand by inaction of competent authority.
7. According to the petitioner, the present situation of Bhoodan land falling in critical position and under conspiracy sign and nature of Bhoodan Land is being changed by the land grabber with support of revenue authority and
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