Ranjit Hembrom Vs the State of Jharkhand

In this writ application, the petitioners have prayed for a direction upon the respondent nos. 1 to 4 for taking steps for cancellation of crusher dealer licence pertaining to Plot No. 458 in the name of the respondent no. 8. A further prayer has been made to the concerned respondent to ensure that the respondent no. 8 is evicted from the premises, in question, in spite of there being specific order to that effect by the Sub Divisional Officer and affirmed by the Deputy Commissioner, Pakur.

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It is the case of the petitioners that the petitioners have inherited lands comprising an area of 4 Bighas, 14 Kathas of Plot no. 458 & 459 of Jamabandi no. 14 and Mouza-Maharo no. 61, Anchal-Hiranpur, District-Pakur which are non-saleable and non-transferable. Since the respondent no. 8 was operating a crusher machine upon the said land, an application was preferred before the respondent no. 6 by the petitioners being Raiyati Eviction Case No. 58 of 2022, in which an inquiry report was called for from the Circle Officer, Hiranpur and after submission of the said inquiry report, an order was passed on 14.07.2022 by the respondent no. 6 directing the respondent no. 5 and the respondent no. 7 to evict the respondent no. 8 from the land, in question, and

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restore the same to the petitioners as well as cancel the dealership licence granted to respondent no. 8.

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Being aggrieved the respondent no. 8 had preferred an appeal before the respondent no. 4 being Eviction Appeal No. 6/2022-23, which was dismissed vide order dated 14.02.2023 with certain direction therein.

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It is the further grievance of the petitioners that despite an order of eviction passed by respondent no. 6 and affirmed by respondent no. 4 in appeal, the respondent no. 8 still continues to run his crusher machine in the land of the petitioners and efforts made at cancellation of the dealership licence of the respondent no. 8 has proved to be futile. The petitioners have represented the concerned authorities for redressal of their grievances, but the same has evoked no response. 5. In view of the aforesaid, we, therefore, dispose of this writ application with a liberty to the petitioners to submit a fresh representation before the respondent no. 4 annexing all necessary documents in support of their claim within a period of 3 weeks from today and if such representation is preferred, the respondent no. 4 shall consider the same and dispose of it by speaking and reasoned order by giving an opportunity of hearing to the petitioners within a period of three weeks from the date of receipt of such representation. It is apparent from the records of the present writ application that order of eviction has been passed against the respondent no. 8 and the same appears to have not been implemented by the concerned respondent which shall also be taken note of by the respondent no. 4 while considering the representation of the petitioners. Accordingly, this writ application stands disposed of.

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Rongon Mukhopadhyay, J.)

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(Deepak Roshan, J.)

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Jk

Ranjit Hembrom v. the State of Jharkhand

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Ranjit Hembrom v. the State of Jharkhand

Case brief

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