Chanku Oraon vs State Of Jharkhand And Ors

The present writ petition has been filed for issuance of direction upon the respondents to take necessary legal steps for handing over the possession

of the land situated at Mauja Ranikhatanga, P.S. Itki, District Ranchi, pertaining to Khata no.85 measuring total area of 8.29 acres in favour of the

petitioner in the light of the order/judgment dated 27th March, 2010 passed in W.P.(C) No.4225 of 2002 and the order dated 16th August, 2010 passed

in L.P.A. No.151 of 2010 by this Court.

The case of the petitioner is that he preferred a writ petition being W.P.(C) No.4225 of 2002, challenging the order dated 29th March, 2000 passed

by the Special Officer, Ranchi, the appellate order dated 3rd September, 2001 passed by the Deputy Commissioner, Ranchi- respondent no.3 and the

revisional order dated 14th March, 2002 passed by the Commissioner, South Chhotanagpur Division, Ranchi- respondent no.2, whereby the application

of Manga Oraon, Jhuba Oraon and Ghuran Oraon for restoration of land filed under the provision of Section 71A of the Chhotanagpur Tenancy Act

was allowed and the orders passed by the Special Officer, Ranchi; Deputy Commissioner, Ranchi; and the Commissioner, South Chhotanagpur

Division, Ranchi were quashed. Thereafter, Manga Oraon, Jhuba Oraon and Ghuran Oraon preferred letters patent appeal, being L.P.A. No.151 of

2010, before the learned Division Bench of this Court, challenging the order/judgment dated 27th March, 2010 passed by the learned Single Judge. The

said letters patent appeal was dismissed for non-prosecution vide order dated 16th August, 2010. Thus, according to the petitioner, the issue regarding

restoration of the land in question has already attained finality and the possession of the same is now to be given to the petitioner. For the said purpose,

the petitioner filed an application in the court of Land Reforms Deputy Collector, Sadar, Ranchi- respondent no.5, which is still pending. In the said

context, the Circle Officer, Itki, Ranchi- respondent no.6 vide letter no.358(ii) dated 21st August, 2018 requested the Additional Collector, Ranchi to

issue instructions for restoration of the land in favour of the petitioner. Thereafter, the Additional Collector vide letter no.4453 dated 1st November,

2018 informed the respondent no.6 that if there is no stay order passed by any competent court, an appropriate action for giving possession of the land

to the petitioner should be taken. As per the petitioner, the respondent no.6 has not taken any step thereafter.

Mr. Navin Kumar, learned G.P.IV, appearing on behalf of the respondents submits that if no other order has been passed by any competent court

of law with respect to the land in question after passing of the order/judgment dated 27th March, 2010 passed in W.P.(C) No.4225 of 2002 and the

order dated 16th August, 2010 passed in L.P.A. No.151 of 2010, the respondent no.6 shall take appropriate step for giving possession of the land to

the petitioner.

Heard learned counsel for the parties and perused the contents of the writ petition. It appears that W.P.(C) No.4225 of 2002 filed by the petitioner

against the orders of the Special Officer, Ranchi; the Deputy Commissioner, Ranchi; and the Commissioner, South Chhotanagpur Division, Ranchi

was allowed by the learned Single Judge of this Court vide order/judgment dated 27th March, 2010. Manga Oraon, Jhuba Oraon and Ghuran Oraon, in

whose favour the orders were passed by the courts below, were respondent nos.6, 7 and 8 respectively in the said writ petition. Being aggrieved by

the order passed by the Single Judge in the said writ petition, they preferred L.P.A. No.151 of 2010, which was dismissed for non-prosecution vide

order dated 16th August, 2010.

According to the petitioner, the issue with regard to restoration of the land, thus, attained finality, as all the orders of the courts below have already

been set aside by this Court.

Considering the aforesaid facts and circumstances, the respondent no.6 is directed to take appropriate step for ensuring possession of the petitioner

over the land in question within a reasonable period preferably within a period of four months from the date of receipt/production of a copy of this

order. It would, however, be ensured by the respondent no.6 that there is no other order passed by any competent court of law in relation to the land in

question except the orders passed in W.P.(C) No.4225 of 2002 and L.P.A. No.151 of 2010 as referred herein above. Manga Oraon, Jhuba Oraon and

Ghuran Oraon are also at liberty to apprise any such fact to the respondent no.6.

The writ petition is, accordingly, disposed of with the aforesaid direction.