Research › Search › Judgment

Jharkhand High Court · body

2017 DIGILAW 538 (JHR)

Chandrashekhar Pandey v. State Of Jharkhand

2017-03-20

APARESH KUMAR SINGH

body2017
JUDGMENT Aparesh Kumar Singh, J. – Heard counsel for the petitioner and the State. 2. Petitioner alleges illegal construction of Panchayat Bhawan over 0.28 decimals out of 3.04 acres of land bearing Plot no.244, Khata No.115, Mauza Saguna, District Palamau said to be his ancestral land. Reference is made to the final decree of Partition Suit bearing no.03 of 1938 in respect of a total area of 17.50 acres of land within which the present land comprising 3.04 acres is also situate (Annexure-1). 3. According to the petitioner, Takhta No.2 was prepared in execution of the decree and the share of 3.04 acres of land came to his great grandfather. Thereafter name of the petitioner''s father Ashok Kumar Pandey was entered into Register-II after mutation and rent has been paid thereafter vide Annexure-3 series. There are certain constructions over the piece of land by the petitioner. His father''s name has also been entered into the revenue survey record of rights. Certain pieces of land have also been sold through sale deeds no.7484 dated 9th July 2010 and 8903 dated 25th September 2013. Purchasers have also got their names mutated in Register-II thereafter vide Annexure-4 series. According to him the land falls under the jurisdiction of Saguna Panchayat. Father of the petitioner was the Mukhiya of the erstwhile combined Patan Panchayat and died in 2005. After division of Patan Panchayat, steps have been initiated for construction of Panchayat Bhawan in which unfortunately the aforesaid piece of land of the petitioner is being used for the said purpose. Petitioner has to approach this Court after his representations made before the Deputy Commissioner, Palamau; Deputy Development Commissioner, Palamau and District Panchayati Raj Officer, Palamau vide Annexure-7 series remained unredressed. 4. Learned counsel for the State has pointed out to a general notice also published on 2nd March, 2017 asking for objection from the aggrieved persons in relation to transfer of the land comprised in Plot No.244, area 0.28 acres of land of Khata No.115 situate at village Saguna (Annexure-8 to I.A. No.2231 of 2017). Learned Government Advocate Mr. Atanu Banerjee submits that the petitioner should be directed to submit his objection with supporting documents before the competent authority/respondent no.2- Deputy Commissioner, Palamau. 5. Learned Government Advocate Mr. Atanu Banerjee submits that the petitioner should be directed to submit his objection with supporting documents before the competent authority/respondent no.2- Deputy Commissioner, Palamau. 5. On considered of the rival submissions in the background facts and circumstances noted herein above, it is considered proper to relegate the petitioner to make his objection in respect of the instant grievances as per the notice at Annexure-8 dated 2nd March, 2017 before the competent authority/respondent no.2 with all supporting facts and documents. Needless to say, due consideration would be accorded by the competent authority/respondent no.2 to such objection in accordance with law within a reasonable time, preferably 4 weeks from the date of receipt of a copy of this order. Needless to say, on such consideration, if the objection of the petitioner is found valid, the respondent authorities would take consequential steps in accordance with law. Writ petition stands disposed of accordingly. I.A. No.2231 of 2013 also stands closed.