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2019 DIGILAW 351 (JHR)

Saral Kumar Jha, son of late Radhey Shyam Jha v. State of Jharkhand through the Secretary, Revenue Department

2019-02-04

SUJIT NARAYAN PRASAD

body2019
JUDGMENT : This writ petition is under Article 226 of the Constitution of India whereby and whereunder direction has been sought upon the respondents annuling the Primary Notification No.47/2016-17 552/Bhu. Aa. Godda dated 25.03.2017 pertaining to the petitioner's land at serial No.502 and 503, compromising of area 2.02 acres and quash the notification issued under the provision of Section 93(1) of the Land Acquisition Rehabilitation and Resettlement Act, 2013 dated 01.06.2017 (Annexure-1). Mr. Das, learned counsel for the petitioner has submitted that during pendency of the writ petition, the settlement made in favour of the petitioner of the land in question has been cancelled by an order passed by Deputy Collector, Land Reforms dated 16.01.2018 in Misc. Case No.06 of 2017-18 and therefore he has filed one interlocutory application for allowing the petitioner to amend the prayer made in the writ petition. Mr. Atanu Banerjee, learned Government Advocate has raised preliminary objection in allowing the aforesaid amendment application for the reason that the original prayer made by the petitioner is against the notification dated 01.06.2017 issued under the provision of Section 93 (1) of the Land Acquisition Rehabilitation and Resettlement Act, 2013 and since the settlement itself has been cancelled over the land in question, therefore, the writ petition may be rendered to be infructuous. Having heard the learned counsel for the parties and looking into the pleading made in the writ petition as also the prayer contained therein, it is evident that the petitioner has originally praryed for quashing of the notification dated 25.03.2017 as also the notification dated 01.06.2017 issued under the provision of Section 93(1) of the Act, 2013 and since the settlement order over the land in question itself has been cancelled therefore, the grievance which has been ventilated by the petitioner in the writ petition will be said to be infructuous since the very basis upon which he is making claim itself is not in existence. In view thereof, the writ petition rendered to be infructuous, accordingly, stands disposed of, however reserving liberty to the petitioner to assail the order dated 16.01.2018 before the appropriate forum, if the petitioner so wishes. I.A. No.2199 of 2018 also stands disposed of.