SANJEEV KUMAR VERMA Vs. STATE OF JHARKHAND AND OTHERS
LAWS(JHAR)-2012-12-141
HIGH COURT OF JHARKHAND
Decided on December 21,2012

SANJEEV KUMAR VERMA Appellant
VERSUS
State Of Jharkhand And Others Respondents

JUDGEMENT

P.P. Bhatt, J. - (1.) PETITIONER , by way of present writ petition filed under Article 226 of the Constitution of India, has prayed for quashing and setting aside order as contained in Memo No. 2620 dated 29.09.2011, passed by respondent no. 2, whereby the respondent no. 2 ordered that the land of Mouza Bisanpur, P.S. No. 250 measuring an area about 333.62 acres can not be sold/purchased and registered. Heard the learned counsel for the parties and perused the impugned order as well as the papers annexed to this petition.
(2.) UPON hearing the parties and from perusal of the impugned order as well as the materials placed on record, it appears that vide Annexure -1 i.e. impugned order dated 29.09.2011, the learned D.C., Koderma put restriction of sale of certain lands described in the said order, wherein, the land of the present petitioner mentioned at Serial No. 9 is also incorporated. On perusal of the said order, it also appears that the said order was passed after hearing the villagers in 'Janta Darbar', thereafter, the petitioner made representations dated 22.11.2011 and 08.02.2012 vide Annexure -2 and 4 respectively. The petitioner also sought information under the Right to Information Act, vide Annexure -3 and in response thereto, the information was supplied vide letter no. 44 dated 04.01.2012, vide Annexure -5, issued by the Circle Officer, Koderma, wherein, it is stated that the land in question is not a 'Gairmajaura Land'. The petitioner has also made representations dated 22.11.2011 as well as 08.12.2011 for lifting of restriction and the said representations are still pending before the D.C., Koderma. In view of the information given by the Circle Officer, Koderma, vide its communication dated 04.01.2012, the matter is required to be considered by the D.C., Koderma, and, therefore, a necessary direction is required to be issued upon the D.C., Koderma to deal with and dispose of the representations, vide Annexure -2 and 4 filed by the petitioner.
(3.) IN view of the above premises, the present petition is ordered to be disposed of with a direction to the D.C., Koderma to take a decision on the representations, filed by the petitioner, keeping in mind the information, vide Annexure -5,, which is supplied by the Circle Officer, Koderma under Right to Information Act. Since, the representations are of the year 2011, the Deputy Commissioner, Koderma shall make endeavor to deal with and dispose of the matter after giving of opportunity of being heard to the petitioner, within a period of three months from the date of receipt of a copy of this order. With the aforesaid observations and directions, this writ petition stands disposed of.;


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