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2025 DIGILAW 81 (JHR)

Kalavati Devi Wife of Late Moti Basfod v. State of Jharkhand Through The Secretary, Department of Revenue, Registration

2025-01-09

RAJESH SHANKAR

body2025
ORDER : RAJESH SHANKAR, J. The present writ petition has been filed for issuance of direction upon the concerned respondents to provide 03 decimals of land to the petitioner being a landless lady as the petitioner’s husband being a landless person was issued purcha of the land measuring an area of 03 decimals out of total area of 2.37 acres appertaining to Mouza- Murlitok, Jamabandi No. 22, Plot no. 01 for construction of house under rehabilitation scheme, however the site of rehabilitation was subsequently changed with the similar area of land situated at Mouza- Basua, Khata No.- 21, plot nos. 1 & 2 (part) acquired by the State Government vide notification no. DLA Godda 24/88 – 520 dated 27.02.1989 and was handed over to Rajmahal Project ECL on 28.07.1994 for distribution among the landless villagers of “Murlitok”, but, according to the petitioner, the purcha of the land measuring an area of 03 decimals has not yet been provided to her for construction of house. The petitioner has also prayed for quashing of the notice as contained in memo no. by the Circle Officer, Mahagama (the respondent no. 6) whereby she has been directed to show cause as to why the present encroachment made by her over the land in question be not removed. 2. Learned counsel for the petitioner submits that similar writ petition being W.P.(C) No. 1991 of 2012 (Ganesh Rabidas & Ors. Vs. The State of Jharkhand & Ors.) has been disposed of by a Bench of this Court vide order dated 02.02.2023 giving liberty to the said petitioners to file representation(s) before the Circle Officer, Mahagama (the respondent no. 6 herein) who, in turn, was directed to pass a reasoned order in accordance with law and as per applicable circulars/policy of the respondents within a specified period. 3. Having heard learned counsel for the parties and keeping in view the aforesaid submission of learned counsel for the petitioner, the petitioner is given liberty to prefer a fresh representation on the present issue before the respondent no.6. On receipt of the said representation, the respondent no. 6, after providing an opportunity of hearing to the petitioner/her representative, shall pass a reasoned order in accordance with law within a period of three months from the date of filing of the said representation, which shall be communicated to the petitioner through speed-post. On receipt of the said representation, the respondent no. 6, after providing an opportunity of hearing to the petitioner/her representative, shall pass a reasoned order in accordance with law within a period of three months from the date of filing of the said representation, which shall be communicated to the petitioner through speed-post. If the petitioner is found entitled for any benefit, the same shall be extended to her within two months thereafter. Further action against the petitioner (if any) pursuant to the notice as contained in memo no. 171 dated abeyance till the reasoned order is passed by the respondent no. 6. 4. The writ petition is accordingly disposed of with aforesaid liberty and direction.