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Judgment
This writ petition is under Article 226 of the Constitution of India whereby and whereunder direction has been sought for upon the respondents to
immediately settle agricultural land to the extent of 3.25 acres and residential land to the extent of 12.5 decimals in favour of petitioner, who is widow
of the member of the Indian Air Force, who died in rescue operation in Kargil conflict at Kurgiakh (Laddak) on 04.08.1999 at the age of 29 years.
According to the petitioner, as per the policy decision of the Kendriya Sainik Board, which is under Ministry of Defence, Union of India, New
Delhi, the war victim, who dies in course of operation, has been decided to be provided with allotment of agricultural land to the extent of 5 acres and
12.5 decimals land for housing purpose.
The grievance of the writ petitioner is that the against the 5 acres of agricultural land, which has been decided to be allotted as per the policy
decision only 1.75 acres of land has been allotted while no land for housing purpose has been allotted, therefore, the present writ petition.
The Co-ordinate Bench of this Court has allowed one Interlocutory Application, being I.A. No. 5027 of 2014 vide order dated 13.10.2014, whereby
Union of India through the Secretary, Ministry of Defence, Cabinet Secretariate, New Delhi; Directorate General Resettlement, Ministry of Defence,
New Delhi; and Director, Sainik Kalyan Nidreshalaya, Ranchi has been permitted to be impleaded as respondent no. 6 to 8 respectively in the writ
petition.
Mr. Anurag Kumar, the then learned A.S.G.I, appeared and waived notice on behalf of newly added respondent nos. 6 to 8.
Respondents-State was represented by J.C to learned S.C. (Mines).
Order dated 13.10.2014 further reflects about filing of counter affidavit, if wishes to be filed within a period of four weeks.
Further, on 27.11.2019, the matter was adjourned on the prayer made by learned counsel for the respondents-State for filing counter affidavit.
However, none represented the respondent nos. 6 to 8.
Today also, none appears on behalf of respondent nos. 6 to 8, perhaps for the reason that the name of present A.S.G.I is not reflecting in the daily
cause list instead thereof, rather the name of Mr. Anurag Kumar, the then learned A.S.G.I. is appearing in the daily cause list.
In view thereof, office is directed to reflect the name of Mr. Rajiv Sinha, learned A.S.G.I for counsel for respondent nos. 6 to 8 in the daily cause
list.
Mr. Radha Krishna Gupta, A.C to learned G.P II has sought for further adjournment for filing counter affidavit.
It is unfortunate on the part of State of Jharkhand that the matter was adjourned on the pretext of filing counter affidavit on 13.10.2014 and again
time was granted vide order 27. 11.2019 to the State of Jharkhand to file counter affidavit, but no counter affidavit has been filed till date.
This writ petition is of the year 2013, where widow of the war victim is pursuing this writ petition for enforcement of the policy decision pertaining
to allotment of agricultural and residential land.
In this case, although time was granted twice to the respondents-State of Jharkhand but no affidavit has been filed, therefore, this Court is constrained
to pass order for appearance of respondent no. 2-Deputy Commissioner, Dhanbad and respondent no. 3-Secretary, Revenue and Land Reforms
Department, Government of Jharkhand to explain the reason as to why counter affidavit has not been filed in this matter.
Let the matter be posted on 24.01.2020.