Petitioner seeks stoppage of school construction on his land in East Singhbhum. Court directs Deputy Commissioner to dispose of the complaint within three months after hearing parties, without adjudicating merits.
Liberty to prefer fresh representation; respondent must take final decision after hearing within three months.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 4105 of 2020
Amulya Mahato ..... … Petitioner
Versus
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR
-----For the Petitioner : Mr. Saibal Mitra, Advocate For the Respondents : Ms. Diksha Dwivedi, A.C. to A.A.G. I --------
02/12.01.2021 The present writ petition is taken up today through Video conferencing.
The present writ petition has been filed for issuance of direction upon the concerned respondents to stop construction work being done over the land of the petitioner situated at Mouza-Boram, Thana No.53, P.O. Boram, P.S. Patamda, District-East Singhbhum, Khata No.171, Plot Nos.1772, 1773, 1774, 1775 and 1781 measuring an area of 83 decimals. Further prayer has been made for issuance of direction upon the Deputy Commissioner, East Singhbhum-respondent no.2 to take a final decision on the complaint filed by the petitioner with respect to the said illegal construction going on over the land in question.
Learned counsel for the petitioner submits that the land situated at Mouza-Boram, Thana No.53, P.O. Boram, P.S. Patamda, District-East Singhbhum, Khata No.171, Plot Nos.1772, 1773, 1774, 1775 and 1781 measuring an area of 83 decimals is Kaymi land which originally belongs to khatiyani raiyat, namely, Govind Mahato and others as per the on-line record of right dated 29th September, 2020 and till date the respondents are issuing rent-receipt for the aforesaid land in the name of khatiyani raiyat. After the death of khatiyani raiyats, the petitioner and other legal heirs of the khatiyani raiyats are in possession of the aforesaid land. The petitioner is the legal heir of khatiyani raiyat Late Jagarnath Mahato. It is further submitted that there is a school, namely, Adibasi High School, Boram adjacent to the land of petitioner situated in Mouza-Boram, Thana No.53, P.O. Boram, P.S. Patamda, District-East Singhbhum, Khata No.171, Plot Nos.1772, 1773, 1774, 1775 and 1781 measuring an area of 83
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decimals. It is also submitted that in the month of January, 2020, Zila Parishad, East Singhbhum started construction of new school building at the instance of the school managing committee over the aforesaid land of the petitioner. Aggrieved by the said action of the Managing Committee of Adibasi High School, Boram and Zila Parishad, East Singhbhum, the petitioner represented before the respondent no.2 on 12th November, 2020 to stay the construction work of new building of Adibasi High School, Boram over the Raiyati land of petitioner, however, no action has been taken by the said respondent in this regard which has compelled the petitioner to file the present writ petition.
Ms. Diksha Dwivedi, A.C. to learned A.A.G.-I appearing on behalf of the respondent nos.2 and 3 submits that if the petitioner prefers a fresh representation on the present issue before the respondent no.2, an appropriate decision will be taken by the said respondent.
Having heard learned counsel for the parties and keeping in view the nature of the prayer made in the present writ petition, without entering into the merit of the case, the petitioner is given liberty to prefer a fresh representation on the present issue before the respondent no.2. On receipt of the said representation, the respondent no.2 after providing due opportunity of hearing to all the concerned parties, shall take an informed decision on the present issue within a period of three months from the date of filing of the representation.
The writ petition is, accordingly, disposed of with aforesaid liberty and direction.
(Rajesh Shankar, J.)
Rohit
1 issue framed by the court
Whether to grant direction to stop construction work on petitioner land and require final decision on complaint regarding illegal construction.
Amulya Mahato
State of Jharkhand
Deputy Commissioner, East Singhbhum, Jamshedpur
Sub-Divisional Officer, Jamshedpur, East Singhbhum
Executive Engineer, Zila Parishad, East Singhbhum
Secretary, School Managing Committee, Adibasi High School, Mouza Boram, East Singhbhum
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
