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2023 Supreme(Jhk) 71

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J.
Adhunik Power and Natural Resources Ltd. through its General Manager (Projects) Chandra Bhushan Sharma and Another – Appellants
Versus
State of Jharkhand through the Principal Secretary, Department of Revenue & Land Reforms and Others - Respondents.
W.P.(C) No. 2100 of 2014 With W.P.(C) No. 2520 of 2014, W.P.(C) No. 2521 of 2014, W.P.(C) No. 2535 of 2014, W.P.(C) No. 2537 of 2014, W.P.(C) No. 2541 of 2014, W.P.(C) No. 2994 of 2014, W.P.(C) No. 2995 of 2014, W.P.(C) No. 2996 of 2014, W.P.(C) No. 2997 of 2014, W.P.(C) No. 2998 of 2014, W.P.(C) No. 2999 of 2014, W.P.(C) No. 3000 of 2014, W.P.(C) No. 3001 of 2014, W.P.(C) No. 3002 of 2014, W.P.(C) No. 3004 of 2014, W.P.(C) No. 3005 of 2014, W.P.(C) No. 3006 of 2014, W.P.(C) No. 3651 of 2014, W.P.(C) No. 3652 of 2014 and W.P.(C) No. 3693 of 2014
Decided on : 28-02-2023

Advocates:
Advocate Appeared:
For the Petitioners:Mr. Indrajit Sinha, Mr. Arpan Mishra, Advocate
For the Respondents: Mr. Sachin Kumar, Mr. Ratnesh Kumar, Mr. R.K. Shahi, A.C. to S.C. (L & C) I

Headnote:

Constitution of India, 1950 – Article 226 – Tenancy Act, 1908 – Sections 6, 21, 46 – Bihar Tenancy Act, 1885 – Bihar Land Reforms Act, 1950 – It is further fact of case that petitioners had also filed an application basis upon which commercial rent fixation cases were initiated and concerned Circle Officer had passed order to issue general notice inviting objections from public and directed to cause an enquiry to be made and prepare an enquiry report and send it through Circle Inspector – Held, Court, therefore, is of view that facts of these given cases also pertains to enforcement of duties which is to be exercised by authority conferred power under C.N.T. Act, 1908 wherein as per discussions made hereinabove, power in accordance with Act, 1908 has not been exercised, said to be in consonance with Act, 1908, by allowing the change in nature of land – Court, therefore, is of view that matter is required to be considered by Deputy Commissioner for taking decision with respect to permissibility of change of nature of land in view of provision Tenancy Act, 1908 so as to maintain very object and intent of Tenancy Act, 1908 as discussed above – Matter is remitted to Deputy Commissioner to take decision in accordance with law, preferably within a period of two months from date of receipt of copy of order – Writ petitions disposed of.

JUDGMENT :

Sujit Narayan Prasad, J.

All these writ petitions have been filed against the different orders (31.08.2010 in W.P.(C) no. 2100/2014) passed by Deputy Collector Land Reforms, Seraikella in a proceeding initiated for fixation of commercial rent (Commercial Rent Fixation Case No. 28 of 2010-2011 in W.P.(C) no. 2100/2014) in different cases whereby and whereunder the rent has been fixed annually on commercial rent for the land in question.

2. The brief facts of the case as per the pleading made in these writ petitions are that the petitioners have set up Thermal Power Station in the district of Seraikella-Kharsawan. For the aforesaid purposes petitioners had entered into a memorandum of understanding with the State of Jharkhand on 31.10.2005 (W.P.(C) no. 2100/2014) and in order to set up the aforesaid power station petitioners have acquired huge tracts of lands including the land in question from the legal heirs and the representatives of the recorded tenants. A deed of sale was executed and consequently registered by the legal heirs and representatives of recorded tenants in favour of the petitioners on different dates. After execution of the sale deed, the petitioners made an application before the Circle Officer, Gamharia for mutation. The Circle Officer, after proper enquiry, issued a correction slip in favour of the petitioner company with respect to the land in question by passing an order in the mutation proceeding.

3. It is the further fact of the case that the petitioners had also filed an application basis upon which the commercial rent fixation cases were initiated and the concerned Circle Officer had passed order to issue general notice inviting objections from the public and directed the Halka Karamchari to cause an enquiry to be made and prepare an enquiry report and send it through the Circle Inspector. It is further fact of the case that the petitioner company had given an undertaking that as per the project layout, they would be utilizing only 40% of the lands for the industrial purpose and the remaining 60% would be developed as green belt, playground, park etc. An affidavit was also submitted on behalf of the petitioner company to the effect that whatever commercial rent is fixed by the respondent no. 1 in the commercial rent fixation cases, the company will pay it every year and also that the company would never assail the said fixation in any court of law. The Circle Officer, Gamharia based upon the report of the Circle Inspector and the undertaking so given by the petitioner company sent the file before the Land Reforms Deputy Collector, Seraikella for approving the commercial rent for the land in question @ Rs. 4,70,376/- per annum (W.P.(C) no. 2100/2014). The Deputy Collector Land Reforms, Seraikella on the basis of the recommendation of the Circle Officer, Gamharia, has passed orders on different dates fixing the commercial rent in different commercial rent fixation cases as is evident from the tabular chart, which have been assailed in these writ petitions:

S. No.

Case No.

Details of the impugned Order

Land Details

Rent Fixed

1.

W.P(C) 2100/2014

Order dated 31.08.2010 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No. 28/10-11

Plot No. 346, 351, 500, 502, 553, 558, 541, 611, 646 and 647; Khata Nos. 38 and 42; Thana No. 47; Mouza Padampur, District Seraikella-Kharsawan, measuring 6.26 acres

Rs. 4,70,376/- per annum

2.

W.P(C) 2520/2014

Order dated 14.07.2011 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No. 49/10-11

Plot No. 163 and 308; Khata Nos. 34; Thana No. 76; Mouza Barahariharpur, District Seraikella-Kharsawan, measuring 1.348 acres

Rs. 41,439/- per annum

3.

W.P(C) 2521/2014

Order dated 14.0









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