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2019 DIGILAW 445 (JHR)

Md Ishaque Ansari v. State Of Jharkhand

2019-02-13

SUJIT NARAYAN PRASAD

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JUDGMENT Sujit Narayan Prasad, J. - The writ petition is under Article 226 of the Constitution of India for issuance direction upon the respondents more particularly respondent no.4 to make online entry with respect to the land in question in consonance to the Register II documents maintained for the lands in question situated at MauzaGorga, Thana No.2, Circle Purvi, Khata No.72, Plot No.576, Area measuring 14.86 Acres at Dhanbad. 2. Mr. Rajiv Anand, learned G.A.IV for the State-respondent at the outset has submitted with preliminary objection by referring to the application which has not been filed by the petitioner rather by one Safiullah Ansari, therefore, petitioner is required to approach before the authority. 3. In response to Mr. Lukesh Kumar, learned counsel for the petitioner submits that the petitioner being legal brother of Alahi Miyan and the application has been filed by his brother Safiullah Ansari, therefore, there is nothing illegality in the same. 4. Having heard learned counsel for the parties and after going through the pleading made in the writ petition as also after appreciation of the argument advanced on behalf of the learned counsels for the parties, which is evident from the pleading that the direction has been sought for to make online entry with respect to the land in question on the basis of material available on the Register II pertaining to land in question. 5. I am in agreement with the submission of learned counsel for the Staterespondent to the effect that the application ought to have been filed by the petitioner. 6. Mr. Lukesh Kumar, learned counsel appearing for the petitioner submits that he may be allowed to file fresh representation before the concerned authority so that the matter be looked out at his end. 7. No objection has been made by the learned Government Advocate-II for the State-respondent 8. In view thereof, the writ petition is disposed of giving liberty to file fresh representation before the respondent no.4 and giving therein details pertaining to the land in question alongwith other records if any within period of two weeks from the date of receipt of copy of this order. 9. The respondent no.4 shall take decision in accordance with law within period of four weeks from the receipt of the representation. 10. It is made clear that the concerned authority will take decision on its own merit by going through the relevant records. 11. 9. The respondent no.4 shall take decision in accordance with law within period of four weeks from the receipt of the representation. 10. It is made clear that the concerned authority will take decision on its own merit by going through the relevant records. 11. Accordingly, the writ petition stands disposed of.