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2022 Supreme(Jhk) 30

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Ishaque Ansari @ Ishaque Miyan – Petitioner
Versus
The State of Jharkhand – Respondent
W.P. (C) No. 2303 of 2021
Decided On : 03-01-2022

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sanjay Kumar Tiwari.
For the Respondent: Mr. Anil Kumar Singh.

Headnote:

Civil Matter - Land Reforms - List of prohibited land - Seeking direction upon respondents to take decision for excluding land appertaining to plot from list of prohibited land as according to petitioner, he has lawful right and possession over same and the rent of which is regularly being paid to state government - Held, Prayer made by petitioner, he is given liberty to file representation before Deputy Commissioner, (respondent no. 2) on the present issue - On receipt of said representation, respondent no. 2 after providing due opportunity of hearing to petitioner, shall take an appropriate decision in accordance with law within six weeks from the date of filing of said representation - Petition disposed of.

ORDER :

1. The present case is taken up through video conferencing.

2. Mr. Sanjay Kumar Tiwari, learned counsel for the petitioner, while pressing the present writ petition confines the prayer made in the same to the extent of issuance of direction upon the respondents to take decision for excluding the land appertaining to plot no. 785, khata no. 22, village-Gobardaha, Circle-Meral, District-Garhwa measuring an area of 0.77 acre from the list of prohibited land as according to the petitioner, he has lawful right and possession over the same and the rent of which is regularly being paid to the state government.

3. Learned counsel for the petitioner submits that as per notification no. 585 dated 10.10.2019 issued by the Government of Jharkhand through the Department of Revenue, Registration and Land Reforms, if any plot is required to be taken out of the list of prohibited land, the Deputy Commissioner of the concerned district is the competent authority for the said purpose.

4. Having heard the learned counsel for the parties and keeping in view the nature of aforesaid prayer made by the petitioner, he is given liberty to file representation before the Deputy Commissioner, Garhwa (the respondent no. 2) on the present issue. On receipt of the said representation, the respondent no. 2 after providing due opportunity of hearing to the petitioner, shall take an appropriate decision in accordance with law within six weeks from the date of filing of the said representation.

5. The writ petition is disposed of with aforesaid liberty and direction.

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