JUDGEMENT
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(1.) THE applicant in the instant I.A. has prayed for impleading
himself as party respondent in the present writ petition as according to
him, he has vital stake in the issues involved in the present writ application.
It is further submitted that the issues arising out of the order passed in
U.L.C. No. 25 of 1996 was under challenge on behalf of the applicant along
with others in W.P.(C) No. 2160 of 2004 whereby the present petitioner
was the respondent no. 6.
Counsel for the petitioner has however objected to the same.
However, since it appears that the present petitioner was
himself respondent no. 6 in the writ petition being W.P.(C) No. 2160 of
2004 preferred by the intervener along with others challenging the same impugned order dated 11th February 2004 passed by the Commissioner,
North Chhotanagpur Division, Hazaribagh in U.L.C. Case No. 25 of 1996, it
will be proper to allow the intervener to be impleaded as party respondent
in this case. Accordingly, let the intervener be impleaded as respondent no.
4 in the instant case. I.A. stands disposed of.
Heard learned counsel for the parties.
(2.) THIS writ petition has been preferred for directing the respondent nos. 2 & 3 to ensure demarcation of the land of the petitioner
which has been released appertaining 37.5 decimals in a proceeding under
Urban Land Ceiling Act, 1976 by order dated 31st December 1995 passed
by the Deputy Commissioner, Dhanbad in U.L.C. Case No. 24 of 1990 which
according to the petitioner, was affirmed by the Commissioner,
Chhotanagpur (N) in U.L.C. Appeal No. 25 of 1996 dated 11 th
February 2004 out of 1.61 acres of land of Khata No. 60 Mouza-
Hirapur Plot No. 2476, 2477, 2478, 2479, 2480, 2481 and 2483 said to
have been purchased by the petitioner through a registered sale deed
no. 269222 on 6th December 1974 from one Smt. Guri Rani Devi. The
writ petition was filed in the year 2008 and thereafter certain
developments have occurred which have been brought on record by
way of interlocutory applications by the petitioner.
The State has appeared and filed their counter affidavit. The petitioner has also preferred I.A. No. 2124 of 2012 seeking
amendment in the prayer made in the main writ application by
incorporating further prayer for release of the surplus land to the tune
of 123.5 decimals of land taking into account the subsequent
development that the proceedings in the Urban Land Ceiling Case has
been held to have been abated with effect from 24.01.2011 in W.P.(C)
No. 2160 of 2004. It is worthwhile to state here that the said writ
petition being W.P.(C) No. 2160 of 2004 was preferred against the
same order dated 11.02.2004 passed by the Commissioner, North
Chhotanagpur Division, Hazaribagh (Annexure-1) by the intervener
newly added respondent no. 4 along with others.
(3.) THE order passed by this court in W.P.(C) No. 2160 of 2004 has been brought on record by the petitioner himself as Annexure-5 to the I.A. No. 2124 of 2012.;
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