Poonam Srivastav, J. - (1.) THE instant writ Petitioners has been preferred against an order dated 30.05.2006 vide letter No. 1268/N dated 05.06.2006 and an order dated 18.07.2007 passed by the Mines Commissioner, Government of Jharkhand, Ranchi in Revision Case No. 110 of 2006 and 111 of 2006, Ram Chandra Mehta and Arjun Prasad Mehta v. Deputy Commissioner, Giridih and Ors.
(2.) THE submission is, the Petitioners were given possession of a leasehold area on payment of compensation to the respective raiyats and also payment of lease rent to the Respondents covering an area of 2.43 acres situated under Mauza Baijudih of district Giridih. The objection is that the lease was terminated premature and without giving any opportunity of hearing. The Petitioners received only a communication in the month of July, 2006 regarding an order having been passed against him on 30.05.2006. On perusal of the writ petition, counter, supplementary counter and rejoinder affidavits, it transpires that some complaint was made by the land owners (raiyats) that they have not been paid compensation to a tune of Rs. 62,023/ -. A notice was issued vide letter No. 1611/M dated 13.09.2004. The total amount due was Rs. 1,26,682/ - besides the compensation payable to the raiyats.
(3.) SUBMISSION of the learned Counsel is that in fact the order passed was without any opportunity of hearing and also without taking into consideration that the entire amount of compensation was already paid to the land owners. It is also stated that the amount demanded by the Respondents has been deposited by him and at the time when the notice was issued, only a small sum remain to be paid which he has subsequently deposited.;