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2021 DIGILAW 786 (JHR)

Tushar Kanti Ghosal v. State of Jharkhand

2021-09-22

RAJESH SHANKAR

body2021
ORDER : 1. The present writ petition is taken up through video conferencing. 2. The present writ petition has been filed for issuance of direction upon respondent no. 2 the Commissioner, North Chotanagpur Division, Hazaribagh for expeditious disposal of Land Restoration Revision Case No. 10 of 2021. Further prayer has been made for quashing letter as contained in memo no. 1103 dated 02.07.2021 (Anneuxre-4 to the writ petition) issued by the Circle Officer, Dhanbad (the respondent no. 5) whereby pursuant to order dated 22.12.2020 passed by the Deputy Commissioner, Dhanbad (the respondent no. 3) in Land Restoration Appeal No. 05 of 2016 with respect to land appertaining to Mouza-Hirapur, Mouza No. 07, Khata No. 26, Khesra Nos. 2265 and 2266 measuring an area of 22 decimals, District Dhanbad (hereinafter to be referred as “the said land”) the Anchal Amin, Dhanbad Circle has been directed to identify the land and to submit the report in the office of respondent no. 5. 3. Learned counsel for the petitioners submits that the petitioners being aggrieved with order dated 22.12.2020 passed by the respondent no. 3 in Land Restoration Appeal No. 05 of 2016, preferred Land Restoration Revision Case No. 10 of 2021 in the court of respondent no. 2 on 05.02.2021. The said revision case was thereafter taken up on 19.02.2021 and was ordered to be placed on 26.02.2021. The revision was again taken up on 26.02.2021 and was ordered to be placed on 26.03.2021. On the said date itself, the petitioners filed application for staying the operation of the order dated 22.12.2020 passed by the respondent no. 3. The said fact would be evident from order dated 26.03.2021 which indicates that the petitioners’ application seeking stay of the order dated 22.12.2020 passed by the respondent no. 2 was put up for hearing on 16.04.2021. It is further submitted that the said revision was though listed on 16.04.2021 as also on 03.06.2021 and 05.08.2021, but the same was not taken up as the court work of the respondent no. 2 was affected due to covid-19 pandemic. The grievance of the petitioners is that the respondent no. 2 is neither taking up the main revision nor stay application preferred by the petitioners and in the meantime, the respondent no. 2 was affected due to covid-19 pandemic. The grievance of the petitioners is that the respondent no. 2 is neither taking up the main revision nor stay application preferred by the petitioners and in the meantime, the respondent no. 5 has issued letter dated 02.07.2021 directing Anchal Amin, Dhanbad Circle to identify the said land so as to handover the possession of the same in favour of the respondent no. 6. Under the said compelling circumstance, the petitioners have preferred the present writ petition. 4. Mr. Suresh Kumar, learned SC (L&C)-II appearing on behalf of the respondent nos. 1 to 5, submits that it appears from the ordersheet of Land Restoration Revision Case No. 10 of 2021 that the hearing of the same got affected for some time due to Covid-19 pandemic. However, since pandemic situation has now improved, the respondent no. 2 will continue to hold the court regularly. Learned SC (L&C), on instruction, further submits that Land Restoration Revision Case No. 10 of 2021 preferred by the petitioners has been listed in the court of the respondent no. 2 on 21.10.2021 and on the said date, the stay application preferred by the petitioners against the order 22.12.2020 passed by the respondent no. 2 in Land Restoration Appeal No. 05 of 2016 would be taken up. 5. Having heard the learned counsel for the parties and keeping in view that Land Restoration Revision Case No. 10 of 2021 preferred by the petitioners against the order dated 22.12.2020 passed by the respondent no. 3 in Land Restoration Appeal No. 05 of 2016 is pending before the respondent no. 2 in which the petitioners have also preferred an application on 26.03.2021 for interim relief which is pending consideration by the said respondent and as per the instruction received by the learned SC (L&C)-II appearing on behalf of the respondent State that the said revision is listed on 21.10.2021 in the court of the respondent no. 2, the said respondent is directed to take up the petitioners’ application dated 26.03.2021 seeking interim relief and to pass an appropriate order after providing due opportunity of hearing to them as well as the respondent no. 6. The main revision shall also be disposed of in accordance with law preferably within four months thereafter. 6. The writ petition is disposed of with aforesaid direction.