IN THE HIGH COURT OF JUDICATURE AT PATNA
W.P. ( C ) No. 5692 of 2008
Anima Kindo and another …… Petitioners
Versus
State of Jharkhand & Others … Respondents
Coram : HON’BLE MR. JUSTICE D.G.R. PATNAIK.
For the petitioner (s) : Mr Rajesh Kumar
For the respondents : JC to SC (L & C )
26.05. 2009. Heard the learned counsel for the petitioners and the
learned counsel for the respondents.
The petitioners in this application have prayed for
issuance of a direction to the respondents to decide upon the objection
petition dated 31.10.2008 ( annexure 3) filed by the petitioners before
proceeding in the Permission Case No. 1703R811/2008-09.
Learned counsel for the petitioner explains that the
petitioners had earlier sought permission under section 46 of CNT Act and
it was granted to him on 19.11.2005. The petitioners have learnt that
subsequently the present Case No. 1703R811/2008-09 has been filed by the
respondents no.3 to 7 seeking permission under section 46 of the C.N.T.
Act, for the same land to which the petitioners have filed their objection
on 31.10.2008 before the respondent no. 2, namely, the Land Revenue
Deputy Collector, Ranchi, who has not disposed of the objection petition
and yet, has proposed to pass final orders in the aforesaid Permission
Case without first deciding upon the objection.
Learned counsel for the State is present.
Though no counter affidavit has been filed, but from the
averments made in the writ petition and the annexures thereto, it appears
that the petitioner had earlier obtained permission under section 46 of the
CNT for transfer of the land under dispute. It also appears that on a fresh
permission sought by the respondents no. 3 to 7, the petitioners have filed
their objection which is pending for disposal by the learned court below.
Considering the aforesaid fact, the respondent no. 2 is
directed to hear the petitioners on their objection petition and dispose of
the same within two months from the date of receipt/production of a
copy of this order, after hearing all the parties concerned.
With the above observation, this application is disposed
of at the stage of admission itself.
Let a copy of this order be given to the learned counsel
for the respondents.
Ambastha/ (D.G.R. Patnaik,J)