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2020 DIGILAW 3 (JHR)

Krishna Gope v. State of Jharkhand

2020-01-06

B.B.MANGALMURTI

body2020
JUDGMENT : Heard learned counsel for the petitioner and learned counsel for the respondents nos.1-3 as well as learned counsel for the respondent nos. 4 and 5. 2. Instant writ application was filed against the order dated 24th May, 2011 passed by the Court of Commissioner, South Chotanagpur Division Ranchi in S.A.R. Revision Case No.49 of 2011 by which the order of Deputy Commissioner, Ranchi dated 1st September, 2010 passed in S.A.R. Appeal No.74-R 15/2007-08 has been confirmed which arises out of S.A.R. Case No.513/2006-07 passed by Special Officer, Ranchi. 3. Learned counsel for the petitioner submitted that admitted position is that the land was allotted to the forefathers of respondent nos.4 and 5 in lieu of the land acquired for the purpose of setting up of Heavy Engineering Corporation Ltd. and in lieu thereof the land was settled. The forefather of the petitioner has entered into an agreement in the year 1965 and some structure was built over the land. When the dispute arose between the parties then with the intervention of some local people, the matter was amicably settled in the year 2006 and petitioner was coming in possession of the said land. It is further submitted that S.A.R. Court, Ranchi passed an order on 19th June, 2007 in favour of respondent nos.4 and 5 restoring the land in favour of respondent nos.4 and 5 and Circle Officer was directed to execute the order. It is also submitted that the said order was challenged before the Deputy Commissioner, Ranchi in S.A.R. Appeal No.74-R 15/2007-08 and the same was also disposed of on 1st September, 2010. Aggrieved by the said order of Deputy Commissioner, revision was filed before the court of Commissioner, South Chotanagpur Division, Ranchi which was numbered as S.A.R. Revision No.49 of 2011 but the same was also dismissed. Learned counsel for the petitioner further submitted that protection of Section 71-A of C.N.T. Act is not applicable as respondent nos.4 and 5 were not the Raiyat of land as admittedly the said land was given for the purpose of rehabilitation in lieu of the lands acquired by the Government. The court below has also not considered the agreement executed by the forefathers of the parties for transfer of land and substantial part of the consideration amount was also paid. 4. Also heard learned counsel for the State. 5. The court below has also not considered the agreement executed by the forefathers of the parties for transfer of land and substantial part of the consideration amount was also paid. 4. Also heard learned counsel for the State. 5. Learned counsel appearing on behalf of the respondent nos.4 and 5 submitted that there was no transfer of land by the forefathers of these respondents and even if some agreement has been executed that was beyond the legal parameters. The lands given for the purpose of rehabilitation cannot be transferred in any manner. It is also submitted that these points were also raised before the S.A.R. court as well as before the appellate authority and revisional authority and on consideration of the points raised therein the order was passed against the petitioner. 6. Considering the above submissions of the parties as well as on perusal of the papers attached with this application, it appears that admitted position is that the land was allotted to the forefathers of the respondent nos.4 and 5 under the rehabilitation scheme as their lands were acquired for the purpose of setting up of an industry. It further appears that the points raised hereinabove were also raised before the court below and the court below as well as the appellate and revisional authorities on consideration of the matter have passed the reasoned order, therefore, no interference by this Court is required. 7. In this circumstance, instant writ application is dismissed. 8. Interim order, if any, passed by this Court also stands vacated. 9. Let a copy of this order be transmitted to the court concerned.