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2021 Supreme(Jhk) 459

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Laxman Prasad Yadav – Petitioner
Versus
The State of Jharkhand – Respondent
W.P. (C) No. 758 of 2021
Decided On : 13-09-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rajeeva Sharma.
For the Respondent: Mr. Ankit Kumar.

Headnote:

Bihar Land Reforms Act, 1950 - Section 4(h) - Filed for quashing the order - Illegally cancelled the Jamabandi of the land - At request , learned Senior Counsel for the petitioner, Commissioner, North Division, is permitted to be impleaded as respondent No. 5 in present writ petition - Learned AC to SC (Mines)-I appearing on behalf of respondents, submits that petitioner has got alternative/efficacious/statutory remedy of preferring appeal before respondent No. 5 against impugned order dated passed by respondent No. 2 under proviso to Section 4(h) of Bihar Land Reforms Act, 1950 - Hence, present writ petition is not maintainable at this stage – Held, learned counsel for parties and keeping in view that petitioner has got alternative/efficacious/statutory remedy of preferring appeal before respondent No. 5 against impugned order dated passed by respondent No. 2, present writ petition is not maintainable at this stage - Petitioner is however at liberty to take appropriate recourse against impugned order dated as provided under Act, 1950 - Present writ petition is accordingly dismissed as not maintainable.

JUDGMENT :

RAJESH SHANKAR, J.

1. The case is taken up through Video Conferencing.

2. At the request of Mr. Rajeeva Sharma, learned Senior Counsel for the petitioner, the Commissioner, North Chotanagpur Division, Hazaribagh is permitted to be impleaded as the respondent No. 5 in the present writ petition.

3. Considering the present pandemic situation, the office is directed to make necessary insertion in the cause title of the present writ petition.

4. The present writ petition has been filed for quashing the order dated 27.11.2020 (Annexure-2 to the writ petition) passed by the respondent No. 2 in Misc. Case No. 07/2017-18 whereby the said respondent has arbitrarily and illegally cancelled the Jamabandi of the land appertaining to Khata No. 34, Plot Nos. 111, 358, 362, 568, 572 and 573, Mouza-Kisutanr, Thana No. 205, District Giridih, measuring an area of 1.46 Acres running in the name of the petitioner’s grandmother (Sohni Devi).

5. Mr. Ankit Kumar, learned AC to SC (Mines)-I appearing on behalf of the respondents, submits that the petitioner has got alternative/efficacious/statutory remedy of preferring appeal before the respondent No. 5 against the impugned order dated 27.11.2020 passed by the respondent No. 2 under proviso to Section 4(h) of the Bihar Land Reforms Act, 1950 [hereinafter referred to as ‘the Act 1950’]. Hence, the present writ petition is not maintainable at this stage.

6. Having heard learned counsel for the parties and keeping in view that the petitioner has got alternative/efficacious/statutory remedy of preferring appeal before the respondent No. 5 against the impugned order dated 27.11.2020 passed by the respondent No. 2, the present writ petition is not maintainable at this stage.

7. The present writ petition is accordingly dismissed as not maintainable.

8. The petitioner is however at liberty to take appropriate recourse against the impugned order dated 27.11.2020 as provided under the Act, 1950.

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