The jurisdiction of the Minister under Section 49(5) of the Chota Nagpur Tenancy Act is contested, necessitating the maintenance of status-quo to avoid complications in ongoing litigation.

JUDGMENT :

RAJESH SHANKAR, J.

1. Learned counsel for the petitioner submits that the Presiding Officer-cum-Minister, Department of Schedule Tribe, Schedule Caste, Minority and Backward Class Welfare, Government of Jharkhand has no jurisdiction to entertain the application filed by the private respondents (respondent nos.6 to 11) under Section 49(5) of the Chota Nagpur Tenancy Act, 1908. Moreover, the issue with respect to the jurisdiction of Departmental Minister to cancel the transfer of land made by the concerned raiyats in favour of the petitioner exercising the power under Section 49(5) of the Act, 1908 is pending consideration before this Court in W.P.(C) No.2693 of 2021 preferred by the petitioner itself.

2. Issue notice to the respondents.

3. Mr. Anil Kumar, learned A.S.G.I., appears and waives notice on behalf of the respondent nos.1 & 2.

4. Mr. Shray Mishra, learned A.C. to A.G., appears and waives notice on behalf of the respondent nos.3 & 4.

5. Mr. Amrendra Pradhan, Advocate appears and waives notice on behalf of the respondent no.5

6. The necessity of the issuance of notice upon the respondent nos.6 to 11 will be considered after filing of respective counter affidavits on behalf of the aforesaid respondents.

7. Put up this case under appropriate heading after six weeks.

8. It appears from the impugned order dated 12^th June, 2023 that in addition to cancelling the transfer of land earlier made in favour of the petitioner as well as the jamabandi of the same running in its favour, the departmental Minister has directed the respondent no.4 to restore the land in favour of the raiyats and to issue them rent receipts after making necessary correction in the revenue records. Since the jurisdiction of the departmental Minister in exercising power under Section 49(5) of the Act, 1908 is still to be considered by this Court and if during the pendency of the writ petition, the revenue records are changed by the authorities by re-entering the name of the concerned raiyats relating to the land in question and the rent receipts are issued in their favour, the same would create further complications in the matter.

9. Hence, the parties are directed to maintain status-quo as existing today over the land in question till further order of this Court.

10. Meanwhile, the operation of the order dated 12^th June, 2023 (Annexure-8 to the writ petition) passed in Misc. Case No.10 of 2021-22 shall remain stayed.