Disposed

Umesh Ram v. State of Jharkhand And Ors.

Jharkhand HC21 Jul 2022WPC/6195/2009

Case brief

AI extract

What is this about?

Writ petition for quashing a Gazette declaring Trust property as excess land was withdrawn. Court permitted withdrawal and directed Deputy Commissioner to consider the matter and pass an order within 45 days without treating delay as a legal impediment.

What did the court decide?

Petitioner permitted to withdraw writ petition; Deputy Commissioner directed to consider matter within 45 days.

Umesh Ram Vs State of Jharkhand And Ors. — Property and Title | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P. (C) No. 6195 of 2009

….....

Umesh Ram

…. ..... Petitioner

Versus

The State of Jharkhand & Others

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…. ..... Respondents

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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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…......... For the Petitioner : Mr. Vishal Kumar Tiwary, Advocate. Mr. Mudasar Nasar, Advocate. For the Respondents/State : Mr. Raunak Sahay, A.C. to Mr. Manish Mishra, G.P.-V.

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09/21.07.2022.

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Heard, learned counsel for the petitioner, Mr. Vishal Kumar Tiwary assisted by learned counsel, Mr. Mudasar Nasar and learned counsel for the respondents / State, Mr. Raunak Sahay, A.C. to Mr. Manish Mishra, G.P.-V.

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Learned counsel for the petitioner has submitted, that petitioner, Umesh Ram, son of Late Hari Ram, Vice President of Chunglo, Remba & Sakha 'Math', being one of the Trustee has preferred this writ petition for quashing of the District Gazette, published by the Government of Jharkhand dated 5^th June, 2003, whereby the land of the Trust has been declared to be an 'Excess Land” under Bihar Land Ceiling Act.

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Learned counsel for the petitioner has submitted, that several times, they have approached Sub Divisional Officer, Giridih to look into the matter and protect the 'Math' property, but no action has been taken in this regard.

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Learned counsel for the respondents / State has submitted, that such application can be filed before the Hindu Religious Trust or before the Government, as such, the writ petition is not maintainable.

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Considering such submission, learned counsel for the petitioner sought permission to withdraw this writ petition, so as to avail legal remedy available under the law.

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Accordingly, petitioner is permitted to withdraw this writ petition with liberty to assail the impugned Gazette Notification before the Deputy Commissioner, Giridih, who shall look into the matter in accordance with law through a competent authority not

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-2-

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below the rank of Sub Divisional Officer and shall pass necessary order within a period of 45 days from the date of filing of such application.

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However, the Gazette Notification has been published on 05.06.2003, as such, the delay shall not be treated as legal impediment as petitioner has approached this Court under Article 226 of the Constitution of India on 22.12.2009.

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Accordingly, the Deputy Commissioner, Giridih is directed to consider in the interest of the institution and condone such delay, if any and pass order in accordance with law within a period of 45 days from the date of filing of such application.

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The petitioner is at liberty to file such application within a period of 30 days from today.

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(Kailash Prasad Deo, J.)

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Sunil/-

Umesh Ram v. State of Jharkhand And Ors.

Case brief

What is this about?

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Umesh Ram v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

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