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2021 Supreme(Jhk) 466

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Niwaran Marandi – Petitioner
Versus
The State of Jharkhand – Respondent
W.P. (C) No. 3648 of 2019, Cont. Case (Civil) No. 277 of 2020
Decided On : 03-09-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Amar Kumar Sinha.
For the Respondents: Mrs. Neelam Tiwari, Mr. Mrinal Kanti Roy.

Headnote:

Bihar land Reform Act, 1950 - Section 4(h) - Contempt case - Construction work - State respondents to show cause as to how and under what authority they were adamant to dispossess petitioners from their ancestral raiyati land and were threatening to demolish houses and other substantial structures erected over land, appertaining to plot no. 303, Khata No. 136 and plot nos. measuring an area of 10 acres, situated at village Chas, P.S. Chas, District Bokaro without following due process of acquisition as also without following the mandatory provisions contained in Bihar Land Reforms Act, 1950 with further to quash orders dated passed by Circle Officer, Chas-respondent no. 4 in Record Case No. 5625 to whereby it was prima-facie observed that jamabandi of said land was doubtful - Whether under provision of Section 4(h) of Bihar Land Reforms Act Jamabandi granted in favour of any raiyats can be cancelled – Held, petitioners/their predecessors in interest have purchased said land and even prior to that rent receipts were issued to vendor of petitioners/their ancestors and thus said land were either in occupation of petitioners/their predecessors in interest or settlee since long and jamabandies were also opened in their names - Court has not commented on title of petitioners over said land, rather looking to peculiar facts and circumstances of present case, aforesaid arrangement has been made which would not in any way be taken as a precedence by any other person claiming to be similarly situated - Writ petition is, accordingly, disposed of

JUDGMENT :

RAJESH SHANKAR, J.

Cont. Case (Civil) No. 277 of 2020:

1. The judgment is being pronounced today through virtual mode.

2. The present contempt case has been filed for initiating contempt proceeding against the opposite parties alleging wilful disobedience of the interim order dated 2nd March, 2020 passed by this Court in W.P. (C) No. 3648 of 2019.

3. Learned counsel for the petitioners submits that the Bharat Petroleum Corporation Limited has started construction work forcefully and illegally over the portion of the land in question.

4. A show cause affidavit has been filed on behalf of the opposite party nos. 1 to 4, annexing a copy of letter no. 1032 dated 10th June, 2020, whereby the Circle Officer, Chas informed Bharat Petroleum Corporation Limited, Kolkata to maintain status quo over the land in question. In response to the said letter dated 10th June, 2020, Bharat Petroleum Corporation Limited also informed the opposite party no. 2 that they took immediate action and maintained status quo over the land in question.

5. A show cause affidavit has also been filed on behalf of the opposite party nos. 5 and 6 stating therein that the order of this Court has not been violated and the construction is not being made over the land in question i.e. 10 acres of land being claimed by the petitioners, rather the same is being made on remaining portion of the acquired land.

6. Having heard learned counsel for the parties and on perusal of the show cause affidavits filed on behalf of the opposite parties, I see no reason to further proceed in the matter. The contempt proceeding as against the opposite parties is hereby dropped.

7. The present contempt case is, accordingly, disposed of.

W.P. (C) No. 3648 of 2019:

1. Initially, the present writ petition was filed for calling upon the state respondents to show cause as to how and under what authority they were adamant to dispossess the petitioners from their ancestral raiyati land and were threatening to demolish the houses and other substantial structures erected over the land, appertaining to plot no. 303, Khata No. 136 and plot nos. 220 and 230, Khata No. 154, measuring an area of 10 acres, situated at village Chas, P.S. Chas, District Bokaro (hereinafter to be referred as ‘the said land’) without following the due process of acquisition as also without following the mandatory provisions contained in the Bihar Land Reforms Act, 1950 with further to quash the orders dated 08.11.2016 passed by the Circle Officer, Chas-respondent no. 4 in Record Case No. 5625 to 5629 of 2016-17, whereby it was prima-facie observed that the jamabandi of the said land was doubtful and the petitioners were called upon to produce original documents as well as rent receipts and to submit their show cause reply as to why recommendation be not made under section 4(h) of the Bihar land Reform Act, 1950 (hereinafter to be referred as ‘the Act, 1950’) for cancellation of their jamabandi. The petitioners also prayed for issuance of direction upon the respondents, restraining them from dispossessing the petitioners from their aforesaid raiyati land.

2. During the pendency of the writ petition, the Additional Collector, Bokaro and the Deputy Commissioner, Bokaro-respondent no. 2 passed the orders all dated 29.06.2020 under section 4(h) of the Act, 1950, which was subsequently confirmed by the State Government, and as such the petitioners by filing an interlocutory application being I.A. No. 2915 of 2021 have further prayed for quashing the orders dated 29.06.2020 passed in cases i.e. Misc. 4(h) Case No. 33 of 2020-21, Misc. 4(h) Case No. 101 of 2020-21, Misc. 4(h) Case No. 110 of 2020-21, Misc. 4(h) Case No. 111 of 2020-21 and Misc. 4(h) Case No. 115 of 2020-21 by both the Additional Collector, Bokaro and the respondent no. 2, whereby Jamabandi of the petitioners over the said land have been cancelled. In the said interlocutory application, further prayer has been made for quashing the order dated 22.03.2021 passed by

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