Research › Search › Judgment

Jharkhand High Court · body

2022 DIGILAW 977 (JHR)

Nunu Lal Baitha v. State of Jharkhand

2022-08-04

RAJESH SHANKAR

body2022
JUDGMENT : 1. The present writ petition has been filed for quashing the order dated 13.09.2019 (Annexure-5 to the writ petition) passed by the respondent No.2 in Jamabandi Cancellation Case No. 202/18-19 whereby the Jamabandi of the land appertaining to Khata No. 01, Plot Nos. 27 & 99, Mouza-Maniyadih, Thana No. 445, District-Giridih, measuring total area of 28 Acres has been cancelled in purported exercise of power under Section 4(h) of the Bihar Land Reforms Act, 1950 [hereinafter referred to as ‘the Act, 1950’] and the said order according to learned counsel for the petitioner, has also been confirmed by the State Government. 2. Mr. Faisal Allam, learned A.C to S.C (Mines)-III appearing on behalf of the respondents, raises a preliminary objection with regard to maintainability of the present writ petition and submits that the petitioner has got alternative/ statutory/efficacious remedy of preferring an appeal under proviso to Section 4(h) of the Act, 1950 before the Commissioner, North Chotanagpur Division, Hazaribagh against the impugned order dated 13.09.2019 passed by the respondent No.2 and hence the present writ petition is not maintainable at this stage. 3. Having heard learned counsel for the parties and keeping in view that the petitioner has got alternative/statutory/efficacious remedy of preferring an appeal under proviso to Section 4(h) of the Act, 1950 against the impugned order dated 13.09.2019, I am not inclined to entertain the present writ petition at this stage and the same is accordingly dismissed as not maintainable. 4. The petitioner is however at liberty to prefer an appeal under proviso to Section 4(h) of the Act, 1950 before the Commissioner, North Chotanagpur Division, Hazaribagh against the impugned order dated 13.09.2019 passed by the respondent No.2. If the petitioner prefers the appeal along with an application for condonation of delay within one month from today, the said application will be liberally considered by the appellate authority keeping in view that the present writ petition remained pending before this Court for some time.