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2023 Supreme(Jhk) 35

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SHREE CHANDRASHEKHAR, RATNAKER BHENGRA, JJ.
Tata Steel Ltd., through Ajay Sahay, Head (Task Force Land) - Appellant
Versus
State of Jharkhand and Others - Respondents
LPA No. 227 of 2012 and LPA No. 236 of 2012
Decided On : 14-03-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr. Jaideep Gupta, Sr. Advocate, Mr. G.M. Mishra, Advocate Ms. Anindita Mitra, Advocate
For the Respondent:Mr. S.D. Sanjay, Sr. Advocate, Mrs. Shilpi Sandil Gadodia, Advocate, Mr. Lokesh Kumar, Advocate Mr. Ankit Kumar, Advocate, Mr. Rohitashya Roy, Advocate, Mr. Vibhor Mayank, Advocate, Mr. Rakesh Kr. Shahi, AC to SC (L&C)-I, Mr. Anil Kumar, Addl. SGI, Mr. Vinod Kumar Sahu, Sr. PC

Headnote:

Constitution of India, 1950 – Article 226 – Land Reforms Act, 1950 – Section 6 –Requisitioning and Acquisition of Immovable Property Act, 1952 – Section 23 – Tenancy Act, 2019 – Section 50 – Order for restoration – All these communications and General Notice inviting objection(s) to release of subject-property in their favor were put to challenge by Tata Steel by filing WP(C) – Held, Findings of fact recorded by statutory authority under Tenancy Act are binding on parties except where such findings of fact are not based on legal evidence or are contrary to records. writ Court in exercise of its powers under Article 226 of Constitution of India shall not embark upon an exercise to test legality of order passed by a statutory Authority under Tenancy Act, except where order is challenged on ground of lack of jurisdiction – Writ Court shall refrain from exercising its powers under Article 226 of Constitution in a matter which necessarily does not involve infraction of a constitutional or statutory right of aggrieved party – Limitation on powers of writ Court to issue a writ of certiorari is that findings of fact recorded by inferior Court or Tribunal cannot be reopened or questioned in a writ proceeding – Dismissed.

JUDGMENT :

SHREE CHANDRASHEKHAR, J.

These Letters Patent Appeals arise from a common order dated 23rd April 2012 by which WP(C) Nos. 1981 of 2003 and 6816 of 2005 filed by M/s Tata Iron & Steel Company Limited (in short, Tata Steel) have been dismissed.

2. In WP(C) No. 1981 of 2003, the Tata Steel has challenged the order passed by the Assistant Settlement Officer, Jamshedpur, East Singhbhum under section 90 of the Chota Nagpur Tenancy Act, 1908 (in short, Tenancy Act). This order was passed by the Assistant Settlement Officer on the application of Alomoni Kamarin who is daughter-in-law of the recorded raiyat, for correction in the record of rights in respect of 5.26 acres of land comprised in RS Plot Nos. 1566, 1567, 1568, 1569, 1570 and 1572 of Khata No. 40 within Mouza Khuntadih (hereinafter referred to as “subject-property”). After this order of the Assistant Settlement Officer, the Government of Jharkhand has issued series of orders contained in the letters dated 5th September 2005, 27th October 2005 and 10th November 2005 for release of the subject-property in favor of Alomoni Kamarin and her daughter Baisali Kamarin. All these communications and the General Notice dated 19th November 2005 inviting objection(s) to release of the subject-property in their favor were put to challenge by the Tata Steel by filing WP(C) No. 6816 of 2005.

3. More precisely, the Tata Steel has made the following prayer in WP(C) No. 1981 of 2003:

“That this is a writ application for quashing the order dated 5.8.2002 passed by the Assistant Settlement Officer Jamshedpur, District Singhbhum East, respondent no. 5 in case no. 264 of 2001-2002 in the purported exercise of power under section 90 of the Chotanagpur Tenancy Act, contained in annexure 7 to this writ application whereby and whereunder the Assistant Settlement Officer, Jamshedpur has passed order in favour of respondent no. 6 Alomoni Kumarin holding inter alia that old plot nos. 1566, 1567, 1569, 1570 and 1572 of old Khata no. 40 and plot no. 1517 of old khata no. 13 portion of which have been recorded under new plot no. 6048 of new khata no. 622 area 227.00 hectars situated at village Khutadih, PS Bistupur, District Singhbhum East within ward no. 1 of Jamshedpur Notified Area Committee which have been recorded in the current survey record of right in the name of Anabad Bihar Sarkar and possession of the petitioner has been shown as lessee in column no. 6 of the record of right actually belong to the respondent no. 6 and the entire proceeding under sections 83 and 89 of the CNT Act and orders passed there in have been made by keeping the respondent no. 6 in dark.”

4. In WP(C) No. 6816 of 2005, the Tata Steel has sought the following reliefs:

“That in the instant writ application the petitioner prays for quashing the Letter/Order No. 305/Ra, dated 5.9.2005 from the Principal Secretary, Department of Revenue and Land Reforms, Government of Jharkhand to the Deputy Commissioner, Singhbhum East, (Annexure : 1) and Letter No. 5/Sa. Bhu.Pu. Singh-54/05-3553/Ra, dated 27.10.2005 (Annexure : 2) from the Deputy Secretary, Department Revenue and Land Reforms, Government of Jharkhand to the Deputy Commissioner, Jamshedpur, East Singhbhum and Letter no. 5/Sa. Bhu.Pu. Singh-54/05-3650/Ra, dated 10.11.2005 (Annexure : 3), and the General Notice dt. 19.11.2005 (Annex 4) issued by the Circle Officer Respondent No. 4 whereby and whereunder the respondent authorities of the State are bent upon releasing the RS Plot Nos. 1566, 1567, 16\568, 1569, 1570, 1572, Khata No. 40 in Mauza Khuntadih measuring an area of 5.26 acres, which stand statutorily leased to the Petitioner, treating the said land to the raiyati land and allotting the same in favour of the Respondents No. 6&7, although the said plots of land are no more raiyati lands as decided by the Hon'ble Patna High Court in the judgment reported in 1986 BLT (Rep.) 220 (Pat.) (Tata Iron Steel Company Ltd. v. The State of Bihar) and also in utter disregard and viola

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