Manorma Devi vs State Of Jharkhand

Gautam Kumar Choudhary, J

Instant writ petition has been filed under Article 226 of the Constitution of India for quashing the letter dated 17.01.2025 issued by respondent no.5 giving notice to the petitioner to vacate the land within ten days from the said letter.

The land in question is situated at Mouza Nirsa, Mouza No.72, Khata No.145 (new Khata No.728), Plot No.182 (new Plot No.380), area measuring 15 decimals in the District of Dhanbad.

As per the case of the petitioner, the land originally belonged to Lagan Mahto, who had purchased the same through a registered sale deed bearing Sale Deed No.2755 in the year 1927 and the present petitioner purchased the same vide registered sale deed executed on 03.10.1983. After the said purchase, the petitioner claims to be in physical possession of the land in question and it was duly mutated in her name in Mutation Case No.143/1983-84 and a Jamabandi was created in her name.

It is argued by the learned counsel on behalf of petitioner that she is sought to be displaced without any formal process or order of land acquisition. The nature of land is Raiyati and respondent-Company has failed to produce any document in support of the claim that the said plot was acquired.

It is submitted by the learned counsel on behalf of respondent-Company that the land in question was part of M/s Purvi Koyala Khadan Kshetra Samiti which was nationalized by the Government along with other private collieries by recognitions of Coal Mines (Nationalization) Act, 1973. After the said nationalization, the land appertaining to the private companies vested in the State. A reference is made to letter no.699 dated 02.08.2023 (Annexure B) of the Circle Officer to show that Khata No.728, Plot No.380 area 27 decimal and 50 decimal, was part of the private Coal Company- M/s Purvi Koyala Khadan Kshetra Samiti.

After considering the submission advanced on behalf of both sides, it is evident that the petitioner claims title over the property on the basis of registered sale deed, whereas respondent-Company claims it by virtue of nationalization of private colliery pursuant to Coal Mines (Nationalization) Act, 1973. This Court cannot enter into disputed question of title and consequently, no writ can be issued.

Writ Petition accordingly dismissed. Petitioner will be at liberty to seek appropriate remedy under law. Interlocutory Application, if any, is disposed of.