Marshal Minz vs State Of Jharkhand and Others

Sanjay Kumar Dwivedi, J

Heard learned counsel for the petitioner as well as the learned counsel appearing for the respondent State.

In this petition, prayer has been made for direction upon the respondent no.2 to take appropriate action against the illegal capture of agricultural land by respondent no.4 despite all the land documents of ownership in favour of the petitioner.

Learned counsel for the petitioner submits that property with regard to khata no.96, plot no.122-702-712-1229-1240-13922 of 1 acre and 99 decimal (currently khata no.124 of plot no.98, 503, 535, 740, 2176) was owned by Mosomat Mangir Orain and was legally transferred to Birsha Oraon vide a gift deed as contained in annexure-1. She further submits that on 28.06.1934 the said property was lawfully purchased by the grandfather of the petitioner by aforesaid owner of the property by way of registered sale deed as contained in annexure-2. She submits that the petitioner’s family is doing cultivation on the aforesaid land for over 90 years. She submits that there is no dispute regarding said agricultural land. She submits that in spite of that, respondent no.4 is interfering with the land in question and has also grabbed certain portion of land and he is in process of illegally occupying the entire property in question. She submits that she has also filed an I.A. No.5306 of 2024 praying therein to direct the Deputy Commissioner, Ranchi to dispose of the representation filed before him.

Learned counsel for the respondent State submits that from the writ petition itself it transpires that certain action has been taken by the district administration, however, she has got no objection if the writ petition is disposed of directing the respondent no.2 to take a decision on the representation filed by the petitioner.

In view of the above fact and considering that the representation of the petitioner is pending before the Deputy Commissioner and he happens to be the authority to maintain law and order in the city and further this type of allegations are very rampant in the State of Jharkhand, as such, this petition is being disposed of directing the respondent no.2, the Deputy Commissioner, Ranchi to look into the grievance of the petitioner examine the said representation and pass appropriate order in accordance with law within four weeks from the date of receipt/ production of a copy of this order.

This petition is accordingly disposed of.

The instant I.A. stands disposed of.