Disposed

MD Sarfaraj Alam v. the State of Jharkhand through the Principal Secretary Deptt of Revenue and Land Reforms

Jharkhand HC3 Oct 2023WPC/529/2023

Case brief

AI extract

What is this about?

This writ petition challenged attempts by land mafias to convert an irrigation pond into residential land. The High Court directed the Sub Divisional Officer to dispose of the petitioner's representation within three months citing the Santhal Pargana Tenancy Act.

What did the court decide?

Director the Sub Divisional Officer, Madhupur to dispose of the representation dated 28.11.2022 of petitioner no. 1 within three months.

MD Sarfaraj Alam Vs the State of Jharkhand through the… — Land Acquisition | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W. P. (C) No. 529 of 2023

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Md. Sarfaraj Alam

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Binod Kumar Yadav

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… …. Petitioners

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Versus

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The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, Ranchi

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The Principal Secretary, Water Resources Department, Ranchi

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The Deputy Commissioner, Deoghar

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The Sub Divisional Officer, Madhupur, Deoghar

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The Circle Officer, Madhupur, Deoghar … …. Respondents -----

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----For the Petitioners : Mr. A.K. Choudhary, Advocate For the State : Mr. Krishna Kumar, AC to SC-I -----

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Oral Order

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05 / Dated : 03.10.2023

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The instant writ petition has been filed under Article 226 of the Constitution of India for a direction to the respondents to protect the pond situated over Plot No. 159, Jamabandi No. 19/11, area 1.60 acres, Mouza Harlatard of Circle Madhupur in the district of Deoghar.

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It is submitted by learned counsel for the petitioners that the pond was recorded in the name of Satish Chandra Seth in the Gantzer Survey Settlement and is being utilized by the local residents for irrigation and other personal purposes since time immemorial. It is further averred that some of the land Mafias had created some fake documents in order to grab the said pond and are trying to convert it for residential purposes to detriment the public interest.

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A representation in this regard has been filed by the petitioners before the Sub Divisional Officer, Madhupur, Deoghar and other authorities and a report was called for in this regard by the Sub Divisional Officer, Madhupur, Deoghar vide Memo No. 841 dated 23.10.2021.

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Under Section 35 of the Santhal Pargana Tenancy Act, water reservoirs and channels for irrigation like Bandhs, Aharas, tanks etc. cannot be settled for or converted to any other purpose without consent of the raiyats and the village headman or mulraiyat.

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It is submitted that a representation in this regard has been filed by petitioner no. 1 before the Sub Divisional Officer, Madhupur, Deoghar.

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Having heard learned counsel for the Petitioner and the State, this writ petition is disposed of with a direction to respondent No. 4 - Sub Divisional Officer, Madhupur, Deoghar to consider the representation dated 28.11.2022 of petitioner no. 1 and dispose it of as per law within a period of three months from the date of receipt/production of a copy of this order.

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Writ Petition is, accordingly, disposed of.

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(Gautam Kumar Choudhary, J.)

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AKT

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MD Sarfaraj Alam v. the State of Jharkhand through the Principal Secretary Deptt of Revenue and Land Reforms

Case brief

What is this about?

What did the court decide?

MD Sarfaraj Alam v. the State of Jharkhand through the Principal Secretary Deptt of Revenue and Land Reforms

Case brief

What is this about?

What did the court decide?

What the court decided

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