Awanish Ranjan Mishra v. State of Jharkhand through the Chief Secretary, Govt. of Jharkhand
2017-07-18
APARESH KUMAR SINGH, B.B.MANGALMURTI
body2017
DigiLaw.ai
JUDGMENT : Petitioner is permitted to make necessary correction in the description of Respondent no.3 as the Secretary, Revenue, Land Reforms and Registration Department, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi. 2. Heard Petitioner and learned counsel for the parties. 3. Petitioner is a practicing advocate of this Court who has preferred the instant Public Interest Litigation for a direction upon the Respondent Authorities to the effect that some of the lands which were wrongly transferred to the Birsa Agriculture University (BAU) be reverted to the Animal Husbandry and Cooperative Department. Petitioner is also concerned about the maintenance of Gauria Karma Cattle Farm, which is under the Animal Husbandry Department. Averments made in the writ petition are lacking and incomplete such as statement made at Para 2(III), Para 4 etc. 4. The Manager of Gauria Karma Cattle Farm, Hazaribag has filed affidavit on behalf of Respondent no.2, 4 and himself. That has encapsulated the whole story. 5. We may straightway refer to the correspondence at Annexure-F being letter no. 1415 dated 28.9.2015 addressed to the Respondent no. 3, Secretary, Revenue, Land Reforms and Registration Department, Government of Jharkhand by the Secretary, Agriculture, Animal Husbandry and Cooperative Department, Jharkhand. It shows that a decision was taken to transfer 1612.07 acre and 277.09 acre, total 1889.16 acres of land under Mauza Gauria Karma and Mauza Kajra respectively to the BAU free of cost in the manner of inter departmental transfer. It has been further referred therein that rest of the land would remain under Animal Husbandry Department. It further states that pursuant to the letter no.1929 dated 23.6.2006 of the Revenue and Land Reforms Department granting concurrence to the Animal Husbandry Department in the matter of such transfer, the Circle Officer, Barhi, Hazaribag had included certain plots which were not mentioned while leaving out certain other plots which were part of the proposal. On the basis of such erroneous proposal certain lands were transferred vide letter of the Secretary to the Commissioner, North Chotanagpur Division bearing no. 5653 dated 17.12.2010 from the Animal Husbandry Department to the BAU. These were verified by the Animal Husbandry Department and it was found that about 327.62 acres of land were transferred to the BAU without verification of their Khesra number etc. These plots are mentioned by way of a chart in the said letter.
5653 dated 17.12.2010 from the Animal Husbandry Department to the BAU. These were verified by the Animal Husbandry Department and it was found that about 327.62 acres of land were transferred to the BAU without verification of their Khesra number etc. These plots are mentioned by way of a chart in the said letter. A request was made to the Secretary, Revenue, Land Reforms and Registration Department in the aforesaid light to ensure correction in the error and restore such lands to the Animal Husbandry Department while also transferring the other lands contained in the concurrence letter to the BAU. 6. Learned counsel for the Respondent State submits that it is an inter departmental issue with which petitioner has unnecessarily raised a bogey. The matter is being considered by the Respondent Department of the State Government. 7. Learned counsel for the BAU submits that the writ petition is motivated. It does not contain the entire correct state of facts. Large chunk of land allotted to BAU as a matter of fact stands transferred to Indian Council of Agricultural Research. These are issues which are to be resolved or addressed at the level of parent departments. The instant PIL should therefore not be entertained by interfering in the matter. 8. We have considered the submission of the parties in the light of the relevant facts noticed herein above. Prima Facie we are satisfied that the instant grievance raised by the petitioner, who is a professional himself being a Advocate of this Court, relates to inter departmental issues. It further appears that the decision to transfer certain large chunk of lands was taken by the Animal Husbandry Department. In that process some error have occurred which is brought to the notice of the Revenue and Land Reforms Department for due correction. 9. In this circumstances, we only observe that the Respondent no.3, Secretary, Revenue, Land Reforms and Registration Department, Government of Jharkhand would look into the matter after due consideration of the stand of the other stake holder department i.e. Agriculture and Animal Husbandry Department, the Birsa Agriculture University and the Office of Commissioner, North Chotanagpur Division, Hazaribag so that matter can be resolved at the departmental level. 10. The writ petition is disposed of with the aforesaid observation.