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2023 DIGILAW 887 (JHR)

Nemhas Manoj Minz v. State of Jharkhand

2023-07-17

SANJAY KUMAR DWIVEDI

body2023
JUDGMENT : This petition has been filed for direction upon the district administration for taking appropriate action against respondent no.10. The prayer is also made that in spite of complaint made by the petitioner, the police has not registered FIR against respondent no.10 and for that appropriate order may kindly be passed as personal liberty of the petitioner is at stake. 2. Mr. Shashank Shekhar, learned counsel for the petitioner submits that the petitioner is an Electronics and Communication Engineer working in Sakhalin Energy LLC as Lead Control and Automation Engineer (obsolescence) since 2011 at Yuzhno-Sakhalin (Russia), who has a sound reputation in the society. He further submits that the petitioner has authorized his wife through a registered Power of Attorney to take all legal action on his behalf with respect to land appertaining to Khata No.6, Khewat No.2, Plot No.146 measuring an area of 79 decimals of village Gutuwa, Ranchi is recorded in the name of Sheik Ali Ahmed. He also submits that the recorded tenant Sheik Ali Ahmed by virtue of registered deed of sale dated 06.11.1974 transferred entire landed property measuring an area of 79 decimals in favour of one Marium Runda for a valuable consideration and after purchasing the said landed property, Marium Runda mutated her name in Nagri Anchal, Ranchi and after demise of Marium Runda and her husband, the only son Deepak Runda inherited the entire landed property. The petitioner has purchased the property after taking proper permission under Section 46 of the Chotanagpur Tenancy Act, contained in Annexure-1. He further submits that respondent no.10 is forcefully constructing the house on the land in question. The petitioner approached the Deputy Commissioner, Ranchi as well as the concerned police station, however no action has been taken and still construction is going on. He also submits that nowadays, it is very rampant in the State of Jharkhand of driving the property of any person, who is residing outside the State. He submits that appropriate direction may kindly be issued. 3. Mr. Sachin Kumar, learned A.A.G.-II appearing for the State submits that the law and order situation is within the domain of the district administration and this petition may be disposed of with appropriate direction to the Deputy Commissioner to look into the matter. 4. He submits that appropriate direction may kindly be issued. 3. Mr. Sachin Kumar, learned A.A.G.-II appearing for the State submits that the law and order situation is within the domain of the district administration and this petition may be disposed of with appropriate direction to the Deputy Commissioner to look into the matter. 4. In view of the above submissions of the learned counsel for the parties, the Court finds that Annexure-2 is the document, which suggests that the land in question was purchased by the petitioner. The permission of the Deputy Commissioner in terms of Section 46 of the Chotanagpur Tenancy Act, is contained in Annexure-1. If such a document is there, how third party can start construction in a capital city of the State, is question of concern. Further, if such things are brought before the district administration, it was incumbent upon the district administration to rose to the occasion and take action. Prima facie, it appears that the district administration has not taken any action in spite of the complaint made by the petitioner. 5. In view of the above, this writ petition is being disposed of directing the Deputy Commissioner, Ranchi to look into the grievance of the petitioner and he shall provide an opportunity of hearing to the petitioner as well as respondent no.10 to come to the conclusion what are the facts involved in the dispute, which is the subject matter of this writ petition and after hearing both the sides, he will pass appropriate order. If he comes to the conclusion that respondent no.10 is trying to grab the land of the petitioner, the Deputy Commissioner will pass appropriate order as law and order situation is within the domain of the district administration. It is expected that the Deputy Commissioner shall take decision on the dispute within a reasonable period of time. 6. Seeing the nature of the dispute particularly the permission granted by the Deputy Commissioner, there shall be statusquo in connection with Khata No.6 under Khewat No.2, Plot No.146 of village Gutuwa, Ranchi, till final decision is taken by the Deputy Commissioner. 7. With the above observation, this petition is disposed of.