IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 3694 of 2004
Arun Chandra Sen @ Arun Sen ... ... ... Petitioner
Versus
1. The State of Jharkhand
2. Deputy Commissioner, Bokaro
3. District Fishery Officer, Bokaro
4. Nepal Chandra Dhibar ... ... ... Respondents
CORAM: HON'BLE MR. JUSTICE D.G.R. PATNAIK
For the Petitioner : Mr. A.K. Sahani, Advocate
For the Respondents : J.C. to A.A.G.
03/15.01.2010
Heard counsel for the parties.
The only grievance of the petitioner in this writ application is that his
objections against the proposed settlement of tank appertaining to plato No. 585 and
587 under Khata No. 182 in Mouza- Bharajuri in the district of Bokaro, has not been
considered by the Respondents authorities.
Counsel for the petitioner explains that as per the petitioner’s specific case,
the tank under reference along with the adjacent land constitutes a raiyati land of the
petitioner and such raiyati land has never vested in the State, even under the
provisions of the Land Reforms Act. Despite the fact that the land comprising a tank
and adjacent land stands recorded in the name of the petitioner’s ancestor and the
petitioner has been coming in occupation and possession of the same, the
Respondent authorities have now proposed to settle the petitioner’s Tank in favour of
the Respondent No. 4 which, according to the counsel for the petitioner, is totally in
violation of Articles 14, 19 (1) (g), 21 and 300-A of the Constitution of India.
Learned counsel submits that the petitioner had submitted his objections but
the same was not considered at all by the concerned authorities of the Respondents.
Though counter affidavit has not been filed on behalf of the Respondent-
State, but counsel for the Respondent submits that in the light of the pleadings, this
objection may be disposed of with appropriate directions.
Considering the submissions and in the light of the facts and circumstances
as pleaded by the petitioner, this application is disposed of with a direction to the
concerned authorities of the Respondents, particularly the Respondent No. 2, the
Deputy commissioner, Bokaro, to consider the objections filed by the petitioner and
take an appropriate decision thereon, in accordance with law and communicate such
decision to the petitioner within a period of three months from the date of
receipt/production of a copy of this order. The petitioner may file a fresh objection
along with a copy of this order before the concerned authorities.
Let a copy of this order be given to the counsel for the Respondents.
(D.G.R. Patnaik, J.)
Manish