Babu Lal Manjhi Vs the State of Jharkhand Represented through Commissioner — Jharkhand HC (2024) — LawSathi Research

Babu Lal Manjhi Vs the State of Jharkhand Represented through Commissioner — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted; permission accorded to withdraw the writ petition with liberty to work out remedy in accordance with law, and the petition disposed of accordingly.

Issue for consideration

Whether mandamus should issue directing the respondents to initiate proceedings under Section 4H of Bihar Land Reform Act, 1950 against the settlement of Gairmazarua (Malik) land and rent fixation in favour of Respondents Nos. 5 & 6 carried out by the Circle Officer, Lesliganj. +1 more

Ratio / Principle

The court accorded permission to withdraw the writ petition, after counsel for the petitioner, considering the nature of the reliefs, sought withdrawal with liberty to work out his remedy in accordance with law and counsel for the other side raised no objection.

Key takeaways

The writ petition stands disposed of with the said liberty for the petitioner to pursue his remedy in accordance with law; the merits of the reliefs pleaded (Section 4H proceedings, rent fixation of 1989-90, encroachment) were not adjudicated.ratio¶¶25

Detailed headnote1 paragraphs

Writ Petition (W.P. (C) No.6477 of 2022, High Court of Jharkhand at Ranchi; Rajesh Kumar, J.; decided 02 September, 2024) - Petitioner Babu Lal Manjhi sought mandamus (i) directing respondents to initiate proceedings under Section 4H of Bihar Land Reform Act, 1950 against settlement of Gairmazarua (Malik) land and rent fixation by the Circle Officer, Lesliganj in favour of Respondents Nos. 5 & 6 (rent stated to have been fixed in 1989-90 without documentary or spot verification), and (ii) to free land used by villagers as Aam Rasta, Charagah land and Jungle Jhari from alleged illegal encroachment by Respondents Nos. 5 & 6 (Chintamani Shukla and Parmila Kunwar). Considering the nature of the reliefs, counsel for the petitioner withdrew the writ petition with liberty to work out his remedy in accordance with law; counsel for the State raised no objection. Permission was accorded and the writ petition stood disposed of with the aforesaid liberty. Merits of the pleaded reliefs were not adjudicated.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.6477 of 2022

Babu Lal Manjhi, Aged about 49 years, Son of Late Subedar Manjhi, Resident of Village: Khairant, P.O.: Gurua, P.S.: Lesliganj, District: Palamau, Jharkhand …. ….

…. …. Petitioner

Versus

The State of Jharkhand represented through Commissioner, Palamau Division at Palamu, P.O.: G.P.O. Daltonganj, P.S.: Daltonganj, District-Palamau, Jharkhand

The Deputy Commissioner, at Palamau, P.O.: G.P.O. Daltonganj, P.S.: Town P.S. Daltonganj, DistrictPalamau, Jharkhand

The Sub Divisional Officer, Sadar Palamau, P.O.: G.P.O. Daltonganj, P.S.: Town P.S. Daltonganj, DistrictPalamau, Jharkhand

The Circle Officer, Lesliganj, P.O. & P.S.: Lesliganj, District-Palamau, Jharkhand

Chintamani Shukla, Son of Rampyare Shukla, Resident of Village: Khairant, P.O.: Gurua, P.S.: Lesliganj, DistrictPalamau, Jharkhand

Most. Parmila Kunwar, W/o Late Vashisht Narayan Shukla, Resident of Village: Khairant, P.O.: Gurua, P.S.: Lesliganj, District-Palamau, Jharkhand …. …. Respondents

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

For the Petitioner : Mr. Prakash Kumar, Adv. For the Resp.-State : Mr. Ankit Kumar, AC to SC-I ----

06/Dated: 02^nd September, 2024

The present writ petition has been filed for the following reliefs:-

(1) For issuance of an appropriate writ (s)/ Rules(s)/ order(s)/ direction(s) or a writ in the nature of mandamus directing and commanding the respondent concerned for initiation the proceeding U/s 4H of Bihar Land Reform Act, 1950, whereby and whereunder the Ld. Circle Officer, at Lesliganj, settled the Gairmazarua land (Malik) and fixed the rent in favour of Respondent No. 5 & 6, which is used by the villagers for connectivity Aam Rasta, Charagah Land and Jungle Jhari since long period (immerorable), which is unjust, arbitrary and unsustainable in the eye of law.

(2) For issuance of an appropriate writ (s)/ Rules(s)/ order(s)/ direction(s) or writ in nature of mandamus directing upon the respondent

concerned to free from the land encroached by the respondent no. 5 & 6 illegally but no any action taken by respondent concern regarding free from encroachment of the land, which is unjust, arbitrary and unsustainable in the eye of law.

(3) For issuance of an appropriate writ (s)/ Rules(s)/ order(s)/ direction(s) or writ in nature of mandamus, directing & commanding upon the respondent concerned to free the land from illegal encroachment of the land by the respondent no. 5 & 6 which is used by the villager for connectivity Aam Rasta, Charagah Land and Jungle Jhari since long time, illegally settle in favour of respondent no. 5 & 6 and rent has been fixed in the year of 1989-90 without verification either documentary and spot by respondent concerned, which is unjust, arbitrary and unsustainable in the eye of law.

Considering the nature of reliefs, learned counsel for the petitioner seeks permission to withdraw the present writ petition with a liberty to work out his remedy in accordance with law.

Learned counsel for the other side has no objection.

Permission is accorded.

Accordingly, the present writ petition stands disposed of with the aforesaid liberty.

(Rajesh Kumar, J.)

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W.P. (C) No.6477 of 2022