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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
M/s. National Mineral Development Corporation (NMDC), through its Senior Manager, Mining – Petitioner
Versus
The State of Jharkhand, through Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Ranchi & Ors. – Respondents
W.P. (C) No.2380 of 2024
Decided On : 22-01-2025
(A) Jharkhand Land Revenue Act, 1908 - Section 49(5) - Interlocutory application for stay - The order dated 12.06.2023 cancelled the transfer of land to Rohne Coal Company Pvt. Ltd. and directed restoration to raiyats, raising jurisdictional concerns regarding the Minister's authority - The court ordered maintenance of status-quo over the land until further orders to prevent complications. (Paras 2, 3, 4)
Facts of the case:
The petitioner seeks to stay an order that cancelled a land transfer to a coal company and directed restoration to the original landholders, raising issues of jurisdiction and potential complications from changes in revenue records.
Findings of Court:
The court emphasized the need to maintain the current status of the land to avoid complications during the ongoing proceedings.
Issues: The main issue was the jurisdiction of the departmental Minister under Section 49(5) of the Act and the implications of changing revenue records during the pendency of the writ petition.
Ratio Decidendi: The court found that changing the revenue records while the case is pending could complicate matters, thus necessitating a stay on the operation of the impugned order.
Result: The operation of the order dated 12.06.2023 shall remain stayed.
ORDER :
RAJESH SHANKAR, J.
1. The present interlocutory application has been filed on behalf of the petitioner for staying the operation of order dated 12.06.2023 (Annexure-6 to the writ petition) passed by the Presiding Officer-cum-Minister, Department of Scheduled Tribe, Scheduled Caste, Minority and Backward Class Welfare, Government of Jharkhand in Misc. Case No. 01 of 2021-22.
2. It appears from the impugned order dated 12.06.2023 that in addition to cancelling the transfer of land earlier made in favour of Rohne Coal Company Pvt. Ltd. (erstwhile allottee) as well as the jamabandi of the same running in its favour, the departmental Minister has directed the respondent no.2 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.
3. Hence, the parties are directed to maintain status-quo as existing today over the land in question till further order of this Court.
4. Meanwhile, the operation of the order dated 12.06.2023 (Annexure-6 to the writ petition) passed in Misc. Case No.01 of 2021-22 shall remain stayed.
5. I.A. No. 13239 of 2024 stands disposed of.
W.P. (C) No.2380 of 2024
6. Issue notice to the respondents.
7. Mr. Gaurav Abhishek, learned A.C. to A.G., appears and waives notice on behalf of the respondent nos.1 and 2.
8. Mr. Rohitashya Roy, Advocate, appears and waives notice on behalf of the respondent no.3.
9. Mr. Anil Kumar, learned A.S.G.I., appears and waives
10. Learned counsel appearing on behalf of the aforesaid respondents pray for and are allowed four weeks’ time to seek instruction and file respective counter affidavits.
11. The necessity of issuance of notice upon the respondent nos.5 to 8 will be considered after filing of respective counter affidavits by the aforesaid respondents.
The court ruled that maintaining the status-quo over the land is essential to prevent complications during ongoing proceedings regarding jurisdiction under the Jharkhand Land Revenue Act.
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.
The jurisdiction of the Minister under Section 49(5) of the Chota Nagpur Tenancy Act is under scrutiny, necessitating maintenance of status-quo to prevent complications during ongoing litigation.
The main legal point established in the judgment is the significance of impleading all relevant parties and challenging relevant orders in legal proceedings to ensure a fair and just decision.
The court established that khatedari rights under the Rajasthan Tenancy Act cannot be revoked without due process, and that administrative orders lacking legal foundation are void.
The central legal point established in the judgment is the protection of tribal land rights under the Chotanagpur Tenancy Act, 1908 and the necessity of following due process before vesting land upon....
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