The court has the authority to direct government officials to expedite the hearing of cases and take informed decisions in accordance with law.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(C) No. 5413 of 2021

Rita Lal

….. Petitioner

Versus

1. The State of Jharkhand, through the Principal Secretary, Revenue,

Registration and Land Reforms, Ranchi

2. The Deputy Commissioner, Hazaribagh

3. The Circle Officer, Sadar, Hazaribagh

4. The District Sub-Registrar, Hazaribagh

….. Respondents

-----

CORAM

HON’BLE MR. JUSTICE RAJESH SHANKAR

-----

For the Petitioner:

Mr. Amit Kr. Verma

For the Respondents:

Mr. Rohan Kashyap, A.C to G.A-II

-----

07/03.01.2023

The present writ petition has been filed for quashing letter No. 628 dated

16.06.2021 issued by the respondent No.3 to the respondent No.4 whereby the

respondent No.3 has requested the respondent No.4 not to register the land in

question on the basis of Land Possession Certificate issued to the petitioner on

29.06.2020 vide LPC No. 541 stating that her land falls under prohibited list.

Further prayer has been made for issuance of direction upon the respondent

No.4 to register the petitioner’s land in terms with letter No. 195 dated

19.02.2016 issued by the Department of Revenue, Registration and Land

Reforms, Government of Jharkhand directing the Circle Officers to grant LPC

within 15 days from the date of the application made in this regard, failing

which the Registration Officer is bound to register the land.

Learned counsel for the petitioner refers to the supplementary affidavit

dated 19.12.2022 filed on behalf of the petitioner and submits that after filing of

the present writ petition, the respondent No.2 initiated Misc. Case No. 40/2021

(Rita Lal Vs. State of Jharkhand) in which a report was called from the

respondent No.3. Accordingly, the respondent No.3 vide letter No. 924 dated

06.07.2022, submitted a report to the respondent No.2 also mentioning that

Plot No. 1163 was given to the concerned raiyat, namely, Amarali Miyan in

exchange of his Khatiyani land appertaining to Plot No. 84, measuring an area

of 53 Decimals.

According to learned counsel for the petitioner, the government had

already exchanged the Khatiyani land of the said raiyat and due to such

exchange, the Gair Mazurwa land given to the ancestor of erstwhile owners of

the said land should be treated as raiyati land. It is further submitted by learned

counsel for the petitioner that since Misc. Case No. 40/2021 is still pending

before the respondent No.2, the said authority may be directed to expeditiously

take a decision in the said case.

Having heard learned counsel for the parties and keeping in view the

aforesaid submission of learned counsel for the petitioner, without entering into

the merit of the case, the respondent No.2 is directed to expedite the hearing of

Misc. Case No. 40/2021 and on providing due opportunity of hearing to the

concerned parties, to take an informed decision in accordance with law within

six weeks from the date of receipt/production of a copy of this order.

The present writ petition is accordingly disposed of with the aforesaid

direction.

Satish/-

(RAJESH SHANKAR, J)