Single judge quashed order cancelling land settlement without prior notice to petitioner, holding it violative of natural justice, though allowing authority to pass fresh order.
Order dated 14.3.2007 cancelling settlement quashed; authority at liberty to pass fresh order.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 6030 of 2007
Manik Chand Biswas (Retired) Military Man .… … Petitioner
Versus The State of Jharkhand and others … … respondents
----- CORAM: HON’BLE MR. JUSTICE R.R. PRASAD
For the Petitioner : Mr. V.S. Prasad, Advocates For the State : J.C. to S.C. (L&C) -----
7/ 01.07.2014 Heard the parties.
A piece of land, appertaining to Khata No. 32, Plot No. 482, measuring an area of 2.12 and half acres, situated at Village Tundi, P.O. and P.S. Ormanjhi, District Ranchi, was settled in the name of the petitioner vide Settlement Case No. 1/73-74. Subsequently, that land, which was settled in favour of the petitioner, was cancelled by the Deputy Commissioner-cumDistrict Magistrate vide its order dated 13/14.3.2007, as contained in Annexure-6, which order is under challenge.
Mr. V.S. Prasad, learned counsel appearing for the petitioner, submits that after the land was settled, the petitioner came in peaceful possession of the land and started cultivating the land and also planted some trees. After the settlement, the land was mutated in the name of the petitioner and the petitioner started paying the rent right from the year 1974 and went on paying rent upto 1991. Thereupon, whenever the petitioner approached to the revenue office for making payment of the rent, the authority always avoided to receive the rent on the pretext that the rent receipt booklet is not available and whenever it would be available, the rent of the land would be accepted. Suddenly, the Deputy Commissioner-cumDistrict Magistrate, Ranchi vide letter dated 14.3.2007 cancelled the settlement on the pretext that the petitioner never came in possession of the land and he did not use the land for the purpose of cultivation but that cancellation has been made without giving any opportunity to the petitioner to have his say in the matter and thereby the impugned notice has been issued in violation of the principle of natural justice. Accordingly, the said
order, as contained in Annexure-6 is fit to be quashed.
A counter affidavit has been filed, wherein the same stand has been taken which is there in the impugned order (Annexure-6) justifying the cancellation of the settlement.
Admittedly, the impugned order dated 14.3.2007, as contained in Annexure-6, by which settlement of the land made in favour of the petitioner was cancelled, has been passed in violation of the principle of natural justice, as admittedly the petitioner had never been noticed before passing the order (Annexure-6).
Accordingly, the order dated 14.3.2007, as contained in Annexure-6, is hereby set aside.
However, the authority would be at liberty to pass a fresh order in accordance with law.
(R.R. Prasad, J.)
AKT
1 issue framed by the court
Whether the cancellation of land settlement made in favour of the petitioner was passed in violation of natural justice.
Manik Chand Biswas (Retired) Military Man
The State of Jharkhand
R.R. Prasad
As recorded by the court registry
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