Pradip Kumar Bhadra And Ors vs State Of Jharkhand And Ors

Heard Mr. S. K. Laik, counsel appearing on behalf of the petitioners.

Heard Mr. Ashish Kumar Thakur, counsel appearing on behalf of the respondents-state.

This writ petition has been filed for the following relief:-

"That this writ petition is initiated against the order passed in Misc. Mutation Cancellation Case No. 21/10-11 dated 17.01.2011 passed by the Deputy Commissioner, Dhanbad which is issued by the Land Reform Deputy Collector, Dhanbad vide his memo no. 3445 dated 05.12.2012 along with the order of Circle Officer dated 15.02.2011 whereby he referred for necessary action for cancellation of Jamabandi of 4.90 acres of land bearing plot no. 1973, Khata No. 127 of Mouza Nagrikala (Jamabandi No. 305) which the Land Reforms Deputy Collector, Dhanbad referred to Deputy Commissioner through the Additional Collector, Dhanbad his order dated 16.02.2012 and finally the Additional Collector, Dhanbad by his order dated 08.09.2012 recommended for cancellation of Jamabandi of Petitioner which order were passed behind the back of the petitioner without any valid notice to show cause and reasonable opportunity of hearing and the petitioner could know about it only on 22.11.2012 through the daily Hindi Newspaper Dainik Jagran (Dhanbad Edition), when the land was settled long back on 21.03.1943 with the petitioner by the ex-landlord, Jharia Raj Estate, and paid rent to the ex-landlord and thereafter to the State Government after the enactment of Bihar Land Reforms, Act 1950 and by Memo No. 487 dated 03.06.1965 the Circle Officer, Baghmara, assessed and fixed rent for 4.90 acres of land of Plot No. 1973 of Khata No. 127 of Mouza Nagrikala, Police Station Baghmara, District Dhanbad and rent was fixed at Rs. 5.00 per annum and the orders were passed mechanically on the basis of one circular no. 914 dated 09.12.1998 which cannot over ride the provision of Section 4(h) of the Bihar Land Reforms Act, 1950 when the land was settled much before 01.01.1946 and rent has been assessed by state government long back on 03.06.1965, hence the aforesaid orders are wholly without jurisdiction, violative of Principle of Natural Justice, as such, this orders dated 17.01.2011 with Memo No. 3445 dated 05.12.2012, 15.02.2011, 16.02.2012 and 08.09.2012 are unsustainable in law and fit to be set aside with exemplary costs;

And

During the pendency of the writ petition the operation of the orders dated 17.01.2011, 15.02.2011, 16.02.2012 and 08.09.2012 may be stayed and respondents may be restrained from taking any coercive steps against the petitioner pursuant to the aforesaid order;

And/or

Such other writ/writs, order/orders, direction/directions may be passed as Your Lordships may deem fit and proper."

Counsel for the petitioners submits that the case can be disposed of on the short point in as much as the impugned order dated 17.01.2011 passed in Misc. Mutation Cancellation Case No. 21 of 2010-11 by Deputy Commissioner, Dhanbad has been passed without affording any opportunity of hearing to the original writ petitioner. He submits that the original writ petitioner namely Paresh Chandra Bhadra had expired during the pendency of this writ petition and has been substituted by his legal heirs and successors who are petitioner nos. 1(a) to 1(d). He further submits that he has made specific statement at Para 11 of this writ petition that the impugned order has been passed without affording any opportunity of hearing to the petitioner and the impugned order adversely affects the interest of the petitioner.

Counsel for the respondents-state is not in a position to dispute the statement made in Para 11 of this writ petition and he submits that the matter can be remanded back to the Deputy Commissioner, Dhanbad for fresh consideration after giving an opportunity of hearing to the petitioner.

After hearing both the parties and after considering the materials on record, this Court finds that the impugned order dated 17.01.2011 has been passed by the Deputy Commissioner, Dhanbad without giving any opportunity of hearing to the original writ petitioner and the impugned order adversely affects the interest of the petitioners. Accordingly, the impugned order dated 17.01.2011 passed by the Deputy Commissioner, Dhanbad, is hereby set aside on account of non-compliance of principles of natural justice and the matter is remitted back to the Deputy Commissioner, Dhanbad for fresh consideration and for passing an appropriate speaking order, after giving an opportunity of hearing to the present petitioners who have been substituted in place of the original writ petitioner. The petitioners are directed to appear before the Deputy Commissioner, Dhanbad on 07.02.2019 along with the petition for their substitution in the said proceedings and a copy of this order. Upon their appearance, the Deputy Commissioner, Dhanbad is directed to pass a speaking order after giving an opportunity to the petitioners to present their case and giving an opportunity of hearing to the petitioners within a period of three months from 07.02.2019.

It is made clear that this Court has not entered into the merits of the claim of the petitioners. Accordingly, this writ petition is disposed of.