Gangadhar Prasad Mehta And Ors vs State Of Jharkhand And Ors

Heard Mr. Amar Kumar Sinha, learned counsel for the petitioners and Mr. Bhaiya Visawjeet Kumar, learned counsel for the respondent No.8 and Mr. Lalit Yadav, learned counsel for the respondents-State.

Petitioners have preferred this writ petition for quashing the order dated 13.02.2014 passed by learned Deputy Commissioner, Hazaribagh.

Mr. Amar Kumar Sinha, learned counsel appearing for the petitioners submit that without any enquiry Deputy Commissioner, Hazaribagh has illegally passed the order restraining the petitioners from transferring the lands measuring 8.17 acres comprised within R.S Plot No. 1899 of Khata No. 275 situated at village-Saraiya, P.S.-Barhi, Dist.-Hazaribagh. He further submits that the petitioners sought information under Right to Information Act from the learned Additional Collector, Hazaribagh and came to know that Deputy Commissioner, Hazaribagh passed the order on 13.02.2014 restraining the petitioners from transferring the lands measuring 8.17 acres comprised within R.S. Plot No. 1899 of Khata No. 275 situated at Village-Saraiya, P.S.-Barhi, Dist.-Hazaribagh on the ground that the said land is gairmajarua khas land belonging to the Government. He further submits that the appeal which was filed by the respondent No.8 before the learned Additional Collector which is still pending.

On perusal of the order dated 13.02.2014, it appears that Deputy Commissioner has observed that after receiving inquiry report a final decision will be taken with regard to dispute in question.

Mr. Amar Kumar Sinha, learned counsel for the petitioners further submits that inquiry report has already been submitted which has been brought on record by way of filing supplementary counter affidavit.

Mr. Bhaiya Viswajeet Kumar, learned counsel appearing for the respondent No.8 submits that claim of the petitioners is not maintainable and it is not fit to be considered by this Court. Learned counsel for the respondent-State submits that in view of the observation made by Deputy Commissioner, Hazaribagh he may be directed to take a decision in view of order dated 13.02.2014.

In view of the facts and circumstances of the case and considering the submissions of the learned counsel for the parties, particularly observation made by the Deputy Commissioner in order dated 13.02.2014 that after receiving the report a final decision will be taken and the said inquiry report has already been received, it is desirable that Deputy Commissioner Hazaribagh will take a decision at the earliest. Accordingly, Deputy Commissioner, Hazaribagh is directed to take a decision in view of the observation made in order dated 13.02.2014. He will do so within a period of six weeks from the date of receipts or production of a copy of this order.

It is made clear that Deputy Commissioner will issue proper notice to the parties and after providing proper opportunity to them, he will pass the aforesaid order.

With the aforesaid observation and direction this writ petition stands disposed of.