Mansukh Lal Kotecha, S/o late Amrit Lal Kotecha v. State of Jharkhand
2022-04-26
RATNAKER BHENGRA, SHREE CHANDRASHEKHAR
body2022
DigiLaw.ai
JUDGMENT : The appellant who was the writ petitioner has challenged the order dated 8th January 2018 passed in W.P.(C) No. 438 of 2016 by which challenge made by him to the notice dated 4th January 2016 issued by Circle Officer, Ramgarh has been rejected by the writ Court. 2. After taking so many adjournments and remaining absent on few dates of hearing finally the learned counsel for the appellant prosecutes this Letters Patent Appeal. 3. On 9th December 2021, the following order was passed by this Court: “This is an assigned matter by virtue of order dated 16th January 2021 passed on the administrative side by Hon'ble the Chief Justice, High Court of Jharkhand. This is the 15th date of hearing of this Letters Patent Appeal. As usual, a request for adjournment is made by Mr. Anmol Anand, the learned vice-counsel on the ground that Mr. Ayush Aditya, the learned counsel for the appellant has gone to Delhi. We need to indicate that a notice regarding posting of all the assigned matters which are listed today on Board was already given to the learned members of the Bar. Reluctantly, we adjourn the hearing of this Letters Patent Appeal for 19th January 2022 to be taken up as the first matter. The appellant shall complete the pleadings by that time.” 4. Mr. Akash Deep, the learned counsel appearing on instructions of Mr. Ayush Aditya, the learned counsel for the appellant submits that the Circle Officer, Ramgarh has no jurisdiction to issue notice to the appellant for demarcation of the land which is under his possession and if at all demarcation of a particular land has to be done that can be done by the Deputy Collector Land Reforms who is the competent authority under section 15 of the Bihar Land Disputes Resolution Act, 2009. 5. In support of the above contention, the learned counsel for the appellant refers to an order passed in “Farhat Shabbir v. The State of Bihar and others” (L.P.A. No. 267 of 2014). 6. The appellant set up a case before the writ Court that the lands comprised under Khewat No. 3/1 of Khata No. 222, area 3.79 acres in Plot No. 1251 are recorded in the name of Jatil Chandra Goswami who had two sons Amulya Chandra Goswami and Bhootnath Goswami.
6. The appellant set up a case before the writ Court that the lands comprised under Khewat No. 3/1 of Khata No. 222, area 3.79 acres in Plot No. 1251 are recorded in the name of Jatil Chandra Goswami who had two sons Amulya Chandra Goswami and Bhootnath Goswami. The sons of Jatil Chandra Goswami executed four sale deeds on different dates in 4th May 1942, 10th July 1944, 30th April 1945 and 12th September 1945 and sold large extent of lands including the lands comprised in Plot no. 1251 to Babu Shyamji Kotecha @ Shyamji Ambaram Kotecha @ Shyamji Kachhi. It is averred that the aforesaid lands are recorded under Khewat No. 3/1 in the name of Jatil Chandra Goswami which after the vesting of lands under Bihar Land Reforms Act are recorded in the name of the writ petitioner in Register-II and thereafter the rent receipts were issued in his name. 7. Neither before the writ Court nor before us any of the aforesaid documents has been produced by the appellant/writ petitioner. From the averments made by the appellant, it does not transpire how the lands which if at all recorded in the name of his grandfather have devolved upon him. 8. In the aforesaid circumstances, the stand taken by the appellant that no opportunity to raise objection was afforded to him before the notice dated 4th January 2016 which was issued by the Circle Officer, Ramgarh cannot be countenanced in law. In fact, the appellant has stated that he filed a reply before the Circle Officer, Ramgarh to the aforesaid notice dated 4th January 2016. Mr. P.A.S Pati, the learned G.A-II for the respondents-State rightly submits that in the reply dated 13th January 2016 also the appellant has failed to assert his right in respect of which measurement is sought to be carried out under the direction of the Circle Officer, Ramgarh. 9. A person who approaches the writ Court for exercise of extraordinary writ remedy is required in law to give correct and complete facts from which he is claiming a right under the law or is intending to challenge any State action. Simply put, the writ petition was bereft of foundational facts. There was no supporting document produced by the appellant before the writ Court on the basis of which he is claiming a right in the lands in question.
Simply put, the writ petition was bereft of foundational facts. There was no supporting document produced by the appellant before the writ Court on the basis of which he is claiming a right in the lands in question. The contention raised by the learned counsel for the appellant that there is no provision under any statute in the State of Jharkhand which confers powers upon the Circle Officer to issue a notice for demarcation of the land has been made in ignorance of the general powers of administration. However, we are inclined to observe that such notices issued by the Circle Officer or any other competent officer should contain some more details, but then, by the said notice the appellant was only instructed to remain present at the time of demarcation. 10. The writ Court in the order dated 8th January 2018 has observed as under: “..... On perusal of the impugned notice dated 04.01.2016, it appears that the same is confined to the measurement of the land in question. The petitioner has merely been directed to appear on the assigned date for the purpose of measurement of the land. Considering the aforesaid facts and circumstance, I see no reason to interfere with the impugned notice dated 04.01.2016 issued by the Circle Officer, Ramgarh. …..” 11. In the aforesaid facts, we are not inclined to interfere in the matter and accordingly this Letters Patent Appeal is dismissed, however, with the observation that if any adverse consequence follows after demarcation the appellant shall be granted three months' time so that he can approach the civil Court of competent jurisdiction or avail any other remedy as available to him in law. 12. I.A. No. 3763 of 2020 stands disposed of.