National Mineral Development Corporation (Nmdc) v. State of Jharkhand Through Secretary, Department of Revenue
2025-01-22
RAJESH SHANKAR
body2025
DigiLaw.ai
ORDER : RAJESH SHANKAR, J. 1. The present interlocutory application has been filed on behalf of the petitioner for staying the operation of order dated 12.06.2023 (Annexure-6 to the writ petition) passed by the Presiding Officer-cum-Minister, Department of Scheduled Tribe, Scheduled Caste, Minority and Backward Class Welfare, Government of Jharkhand in Misc. Case No. 01 of 2021-22. 2. It appears from the impugned order dated 12.06.2023 that in addition to cancelling the transfer of land earlier made in favour of Rohne Coal Company Pvt. Ltd. (erstwhile allottee) as well as the jamabandi of the same running in its favour, the departmental Minister has directed the respondent no.2 to restore the land in favour of the raiyats and to issue them rent receipts after making necessary correction in the revenue records. Since the jurisdiction of the departmental Minister in exercising power under Section 49(5) of the Act, 1908 is still to be considered by this Court and if during the pendency of the writ petition, the revenue records are changed by the authorities by re-entering the name of the concerned raiyats relating to the land in question and the rent receipts are issued in their favour, the same would create further complications in the matter. 3. Hence, the parties are directed to maintain status-quo as existing today over the land in question till further order of this Court. 4. Meanwhile, the operation of the order dated 12.06.2023 (Annexure-6 to the writ petition) passed in Misc. Case No.01 of 2021-22 shall remain stayed. 5. I.A. No. 13239 of 2024 stands disposed of. W.P. (C) No.2380 of 2024 6. Issue notice to the respondents. 7. Mr. Gaurav Abhishek, learned A.C. to A.G., appears and waives notice on behalf of the respondent nos.1 and 2. 8. Mr. Rohitashya Roy, Advocate, appears and waives notice on behalf of the respondent no.3. 9. Mr. Anil Kumar, learned A.S.G.I., appears and waives 10. Learned counsel appearing on behalf of the aforesaid respondents pray for and are allowed four weeks’ time to seek instruction and file respective counter affidavits. 11. The necessity of issuance of notice upon the respondent nos.5 to 8 will be considered after filing of respective counter affidavits by the aforesaid respondents.