IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Writ Jurisdiction)

WP(C) No. 6786 of 2019

Shyam Sunder Mittal @ Shyam Sunder Agarwal ….. ...... Petitioner

Versus

The State of Jharkhand & Ors. …. …. Respondents

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CORAM : HON’BLE MR. JUSTICE KAILASH PRASAD DEO

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For the Petitioner

: Mr. Niraj Kishore, Advocate

For the Respondents-State : Mr. Mukul Kumar Singh, AC to GP-III

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Order No.06/Dated: 16

^th August, 2022

Mr. Niraj Kishore, learned counsel on instruction of Mr. Tarun

Kumar, learned counsel for the petitioner has submitted, that the writ petition

has been filed against the orders dated 24.08.2018 and 06.06.2019 in

Mutation Case No.217 R27 of 2018-2019 and 537 R27 of 2018-2019

respectively, passed by the Circle Officer, Simdega without following the

procedures as envisaged under Section 14 of the Bihar/Jharkhand Tenant's

Holdings (Maintenance of Records) Act, 1973, as no notice has been issued

and no opportunity has been given to the petitioner to adduce evidence and

the mutation, which was done in the name of the father of the petitioner, has

not been recorded in the name of son after death of his father being the

mutation in succession.

Mr. Mukul Kumar Singh, learned AC to GP-III appearing on

behalf of the respondents-State has submitted, that the writ petition is not

maintenable as there is a provision of appeal under Section 15 of the

Bihar/Jharkhand Tenant's Holdings (Maintenance of Records) Act, 1973

before the Deputy Collector Land Reforms and against said order there is a

provision of revision under Section 16 of the Act, as such, the writ petition is

not maintainable.

In reply, Mr. Niraj Kishore, learned counsel for the petitioner has

submitted, that he may be allowed to withdraw the writ petition to seek

remedy available under the law before the Deputy Collector Land Reforms,

Simdega under Section 15 of the Act.

Be that as it may, the order passed by the Circle Officer,

Simdega is a non-speaking order and has not rightly followed the procedure

as envisaged under Section 14 of the Act.

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The petitioner is permitted to withdraw this writ petition so as to

avail the legal remedy available under the law.

The Revenue Authority, particularly, the Additional Chief

Secretary, Revenue Registration and Land Reforms, Government of

Jharkhand and the Deputy Commissioner, Simdega are directed to issue

guidelines to the Circle Officer and Deputy Collector Land Reforms to

follow the procedures as envisaged under Sections 14, 15 and 16 of the

Bihar/Jharkhand Tenant's Holdings (Maintenance of Records) Act, 1973, as

non-speaking order should not be passed by any quasi judicial officer.

The petitioner is permitted to file appeal before the Deputy

Collector Land Reforms, Simdega within 30 days from today and period

from 10.12.2019 till today shall be considered under Section 14 of the

Limitation Act.

Accordingly, the writ petition is dismissed as withdrawn.

(Kailash Prasad Deo, J.)

Madhav/-