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Judgment
Gautam Kumar Choudhary, J
Petitioners have moved this Court under Article 226 of the Constitution of India for a direction to the respondents in particular, respondent no.3- Deputy Commissioner, Ranchi to remove the land situated at Mouza Pundag, Thana No.228, Khata No.383, Plot Nos.2143, 2144, 2145 and 2148, measuring an area of 0.14 acres, 5.86 acres, 0.82 acres and 3.68 acres respectively, total area of 10.50 acres from the prohibited list of National Generic Document Registration System.
It is submitted by the learned counsel on behalf of petitioners that earlier an enquiry was held under Section 4(h) Bihar Land Reforms Act, 1950 with respect to the same plots of land, which will be evident from the order passed by the Deputy Commissioner in Review Case No.32R 15/2021-22 (पुनरीक्षण वाद सं० 32 आर० 15/2021-22 ) dated 23.12.2022 and decided in favour of the predecessor-in-interest of the petitioner.
In the enquiry held in Case No.1/1955-56, an order was passed on 03.08.1959 wherein it was admitted that the ex-landlord had right to settle the land as it was in the nature of Gairmazarua Malik. The main contention of petitioner is despite enquiry under Section 4(h) of B.L.R. Act, having attained finality in favour of the predecessor-in-interest of the petitioners, the land has been put in category barring registration of it, which is clearly impermissible. Earlier the petitioners had also filed a representation dated 14.03.2023 to the Deputy Commissioner and again on 27.09.2024 (copy of which is annexed with the writ petition) representation was also filed for releasing of the land from the prohibited list, but representations have not been disposed of.
Having considered the submissions advanced, Deputy Commissioner, Ranchi is directed to dispose of the representations filed by the petitioners by speaking order within eight weeks of the order.
Writ Petition is accordingly, disposed of. Petitioners to appear before the Deputy Commissioner, Ranchi on 7th May, 2025 with relevant documents to submit his case. Interlocutory Application, if any, is disposed of.