IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 2317 of 2005
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Ramgarh College, Ramgarh … Petitioner
Versus
The State of Jharkhand & ors. … Respondents
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CORAM: HON'BLE MR. JUSTICE D.N.PATEL
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For the petitioner: Mr. Anoop Kr. Mehta, Advocate
For the State: Mr. R.K.Shahi, J.C. to G.A.
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Order No. 03: Dated 8th July, 2011
Per D.N.Patel, J.
1. This application is Admitted for final hearing.
2. Having heard learned counsel for the petitioner, who has mainly
submitted that once the land in question is mutated in the name of the
present petitioner, the revenue entries cannot be reversed, without giving
adequate opportunity of being heard and without there being proper
evidences on record. Although the authorities below have not appreciated
this aspect of the matter, moreover, upon the land, in question, the
petitioner-college is being run under the direct management of the Vinoba
Bhave University, Hazaribagh.
3. I have heard learned counsel for the State. Though the private
respondents i.e. respondent nos. 5 to 8 have already appeared through
Vakalatnama, they have not been represented by anyone. No lawyer is
appearing on behalf of respondent nos. 5 yo 8.
4. Looking to the facts and circumstances of the case, there is a prima
facie case in favour of the petitioner. The petitioner’s name was already
mutated in the revenue entries and, thus, the balance of convenience is
also in favour of the petitioner and irreparable loss will be cause to the
petitioner, if the stay, as prayed for, is not granted in favour of the
petitioner, which is a college being run under the direct management,
supervision and control of the Vinoba Bhave University, Hazaribagh, upon
the land, in question.
5. In view of the aforesaid facts, I hereby stay the operation,
implementation and execution of the impugned orders dated 4.6.2003
(Annexure 1 to the memo of petition) and 29.3.2004 (Annexure 3 to the
memo of petition), passed by the Additional Collector, Hazaribagh and the
2.
Commissioner, North Chotanagpur Division, Hazaribagh respectively. The
stay shall remain operative during the pendency and final hearing of the
writ petition.
( D.N. Patel, J. )
A.K.Verma/