Disposed

Santosh Kumar Sinha v. the State of Jharkhand through Its Chief Secretary

Jharkhand HC1 Aug 2023WPC/6060/2022

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Jharkhand addressed a dispute where a Circle Officer issued a fresh Land Possession Certificate without canceling an earlier one granted to the petitioner. The Court ordered the new certificate to be kept in abeyance and directed an enquiry with a hearing for both parties.

What did the court decide?

The Land Possession Certificate dated 25.08.2022 issued in the name of Respondent No. 4 is to be kept in abeyance. The Circle Officer must enquire afresh and grant an opportunity of hearing to both pa

Santosh Kumar Sinha Vs the State of Jharkhand through… — Property and Title | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 6060 of 2022

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Santosh Kumar Sinha …... …. Petitioner

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Versus

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The State of Jharkhand through its Chief Secretary, Project Building, Dhurwa, Ranchi 2. Circle Officer, Itkhori, Chatra 3. Halka Karmchari,Halka No.7, Itkhori Anchal, Chatra 4. Smt. Manju Srivastava, Itkhori, Chatra .…. …. Respondents --------

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CORAM : HON’BLE MR. JUSTICE AMBUJ NATH

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-------For the Petitioner : M/s. A. K. Sahani, Advocate For the Respondent(s) : M/s. Prashant Kr. Rai & Shalini Shahdeo, AC to S.C ( L & C)-I --------

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07/ Dated 01.08.2023

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Heard the parties.

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The petitioner Santosh Kumar Sinha has filed this writ application for issuance of an appropriate writ in the nature of certiorari or an order or direction for quashing letter No.71 dated 25.08.2022 which is Annexure-3 to this writ application, whereby and wherein, the respondent No.2 Circle Officer, Itkhori, Chatra had issued Land Possession Certificate to the respondent No.4 Smt. Manju Srivastava without canceling Land Possession Certificate issued to the petitioner vide Letter No.69 dated 24.08.2022 which is Annexure-1 to this writ application, without providing any opportunity of hearing to the petitioner.

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It is the case of the petitioner that the land, appertaining to Khata No.5, Plot Nos. 399, 505, 241, 243, 245, 460, 516, 332, 335, 306, 250 along with other plots, situated in Mouza-Balia under Thana No.30, DistrictChatra was recorded in the name of Bhikshuk Lal, Jago Lal and Darbari Lal in the record of rights. It is the further case of the petitioner that there was amicable partition between the co-parceners, and the aforesaid land was allotted in the share of Ram Kumar Prasad and Dhruv Narayan Prasad, through whom, the petitioner is claiming his title. It has been pleaded that Respondent No.4 Smt. Manju Srivastava, D/o Tarkeshwar Prasad, S/o Darbari Lal, has no title and interest over the aforesaid land after amicable partition between the parties. After partition, Jamabandi is running in the name of Jago Lal, predecessors-in-interest of the petitioner.

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On an application submitted by the petitioner, respondent No.2 Circle Officer, Itkhori, Chatra issued Land Possession Certificate in name of Jago Lal, his predecessor-in-interest vide Letter No. 69 dated 24.08.2022, which

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is Annexure-1 to the writ application.

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The grievance of the petitioner is that on the very next day, i.e., on 25.08.2022, a fresh Land Possession Certificate was issued in the name of respondent No.4 Smt. Manju Srivastava, which is Annexure-3 to the writ application, without canceling the Land Possession Certificate issued in the name of Jago Lal.

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Mr. A. K. Sahani, learned counsel for the petitioner has submitted that the respondent No.2 Circle Officer, Itkhori, Chatra issued Land Possession Certificate (Annexure-3), without proper verification and also without giving opportunity to the petitioner to plead his case that he is the actual owner of the said land and he is possessing the same.

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Mr. Prashant Kumar Rai, learned AC to S.C ( L & C)-I has submitted that the Land Possession Certificate (Annexure-3) issued in the name of respondent No.4 Smt. Manju Srivastava was on the basis of affidavit, filed by her before the respondent No.2 Circle Officer, Itkhori, Chatra, on the recommendation of the Members of Panchayat Samiti. However, it has not been denied in the counter affidavit that the petitioner was not given opportunity to be heard or any notice was issued to the petitioner before issuing fresh Land Possession Certificate in the name of respondent No.4 Smt. Manju Srivastava.

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Respondent No.4 Smt. Manju Srivastava has not chosen to appear in this case. She has refused to accept the notice which was issued for her appearance.

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In view of the aforesaid facts, it will be proper if the Land Possession Certificate dated 25.08.2022 issued in the name of respondent No.4 Smt. Manju Srivastava is kept in abeyance.

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The respondent No.2, Circle Officer, Itkhori, Chatra shall enquire the matter afresh and give an opportunity to the petitioner as well as Smt. Manju Srivastava to plead their cases afresh before coming to a cogent finding as to who is in possession of the aforesaid land.

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With this direction, this writ application stands disposed of.

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(Ambuj Nath, J.)

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BS/

Santosh Kumar Sinha v. the State of Jharkhand through Its Chief Secretary

Case brief

What is this about?

What did the court decide?

Santosh Kumar Sinha v. the State of Jharkhand through Its Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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