Advocates:
['A K SAHANI', 'L K LAL S C L', 'C', '', 'AMIT KR VERMA', 'RAJEEV KUMAR', 'VIJAY RANJAN SINHA', 'PANDEY A N ROY']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (C) No. 5671 of 2008

Jugal Kishore Shekhar, son of Late Bindeshwar Shekhar,

resident

of

village

–

Mohal,

P.O.

–

Mohal,

PS:

Chandankiyari, District – Bokaro

…

…

Petitioner

Versus

1. The State of Jharkhand

2. Deputy Commissioner, Bokaro

3. Anchal Adhikari, Chandankiyari, District – Bokaro.

…

… Respondents

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner

: Mr. A. K. Sahani, Advocate

For the Resp.-State

: Mr. Ashish Kr. Thakur, Advocate

For the Intervener

: Mr. Amit Kr. Verma, Advocate

(I.A. No.- 11091/2018)

For the Intervener

: Ms. Bhanu Priya, Advocate

(I.A. No.- 1702/2013)

---

08/04.01.2019

Heard Mr. A. K. Sahani, counsel appearing on behalf of

the petitioner.

2.

Heard Mr. Ashish Kr. Thakur, counsel appearing on

behalf of the Resp.-State.

3.

Heard Mr. Amit Kr. Verma, counsel appearing on behalf

of intervener in I.A. No. 11091 of 2018.

4.

Heard Ms. Bhanu Priya, counsel appearing on behalf of

intervener in I.A. No. 1702 of 2013.

5.

This writ petition has been filed for the following reliefs:-

“For grant of an appropriate writ in the nature of Certiorari or

an order or direction for quashing the order dated 14/10/2008 passed

by the respondent no. 2 in Misc. Case No. 90 of 2006 (Annexure- 11)

whereby and whereunder while declaring the longstanding Jamabandi

created in favour of the petitioner in 1962-63 being illegal, the same

has been cancelled taking resort to the provisions of Section 4(h) of the

Bihar Land Reforms Act, 1950 and for any other appropriate writ or

order or direction as this Hon’ble Court may deem fit and proper.”

6.

Counsel for the petitioner submits that the property

involved in this case belongs to the petitioner and this property

2

was included, in turn, in Form ‘K’ submitted by the petitioner

and his brothers under Sections 5, 6 & 7 of the Bihar Land

Reforms Act, 1950. The property is appertaining to Plot No. 2

and 107 under Khata No. 98. He submits that their name was

also entered in register II and Jamabandi was also created vide

Case No. 219 of 1962-63 pursuant to order dated 10.12.1963

passed by the then Anchal Adhikari, Chandankiyari and the

petitioner has also paid rent till 2007.

7.

Counsel for the petitioner further submits that for the

purposes of construction of road on this property for Bharat

Coking Coal Limited, there was a recommendation for

acquisition of land and accordingly the petitioner and his

brothers made application for payment of compensation and

vide order dated 28.11.1996, the Land Reform Deputy Collector,

Chas recommended for acquisition of land and for payment of

compensation and the matter was forwarded to the Additional

Collector, Bokaro for necessary action. The Additional

Collector,

Bokaro

also

forwarded

with

favourable

recommendation vide order dated 10.09.1997, but in spite of

such recommendation neither any compensation was paid nor

any employment was provided. Accordingly, the petitioner

filed a writ petition being W.P. (C) No. 1308 of 2002 and vide

order dated 12.03.2004 this Hon’ble Court disposed of the writ

petition with a direction upon the petitioner to file an

application before the respondent authority within a period of

three weeks. The respondent authority was directed to verify

the facts and relevant records and to pass an appropriate order

in

accordance

with

law.

Consequently,

the

petitioner

approached the respondent no. 2 and Misc. Case. No. 90 of 2006

was instituted.

8.

Counsel for the petitioner further submits that the

proceeding being Misc. Case No. 90 of 2006 was instituted

pursuant to the order passed by this Hon’ble Court and was not

3

a proceeding in connection with the provisions of Section 4(h)

of Bihar Land Reforms Act, 1950. He also sub