Research › Search › Judgment

Jharkhand High Court · body

2021 DIGILAW 1065 (JHR)

Shree Balajee Infratech Developers Pvt. Ltd. v. State of Jharkhand, through the Chief Secretary

2021-12-20

RAJESH SHANKAR

body2021
JUDGMENT : 1. Learned counsel for the petitioner while pressing the present writ petition, has confined the prayer at this stage only to the extent of issuance of direction upon the respondent No.3 to dispose of Misc. Case No. 09/2020 within a time frame which is pending adjudication before the said respondent since long. 2. Learned counsel for the petitioner submits that the Government of Jharkhand through the Department of Revenue, Registration and Land Reforms has clarified vide notification No. 585 dated 10.10.2019 that if any plot is required to be taken out of the list of prohibited land, the Deputy Commissioner of the concerned district is the competent authority for the said purpose. It is further submitted that in view of the said notification dated 10.10.2019, the petitioner preferred an application before the respondent No.3 requesting inter alia to take out the land appertaining to Khata No. 136, Plot No 386, Mouza-Hirapur, Mouza No. 7, District-Dhanbad, measuring an area of 2 Katthas from the list of prohibited land which has been registered as Misc. Case No. 09/2020. The said fact would be evident from the notice as contained in memo No. 248 dated 03.12.2020 issued in the said case by the I/C Deputy Collector, Legal Section, Dhanbad directing the petitioner to appear in the said case on 18.12.2020 at 11 A.M. along with the relevant documents of the said land. It is also submitted that pursuant to the notice dated 03.12.2020, the petitioner appeared before the respondent No.3 in the said case, however, the same has not yet been disposed of. 3. Mr. Mohan Dubey, learned A.C. to A.G. appearing on behalf of the Staterespondents, submits that if the petitioner co-operates the respondent No.3, Misc. Case No. 09/2020 will be disposed of without any undue delay. 4. Having heard learned counsel for the parties and keeping in view the limited payer of the petitioner, the respondent No.3 is directed to expedite the hearing of Misc. Case No. 09/2020 and dispose of the same in accordance with law by passing an informed order as expeditiously as possible, preferably within three months from the date of receipt/production of a copy of this order. The petitioner shall fully co-operate the respondent No.3 in disposal of the said case within the aforesaid time frame.