- (1.) Aggrieved by order dated 6.8.2002 in Khas Mahal Appeal No. 3 of 2001 and orders dated 24.9.2007 and 16.9.2009, the present writ petition has been filed. The brief facts of the case as stated in the writ petition are that, on 25.8.1990, an application for transfer of lease in favour of one Janki Devi and Reena Singh was submitted. A proceeding was initiated by the Deputy Commissioner and vide order dated 3.6.1999 and, a report was sought from Khas Mahal Officer, who recommended vide report dated 2.7.1999 for transfer in lieu of payment of 50% of the value of land. On 24.7.1999, the Deputy Commissioner closed the proceeding and ordered for taking further action for transfer of land in question in favour of the said Janki Devi and Reena Devi. In the meantime, notification/instruction dated 11.3.1993 was issued by the then State of Bihar. The State of Bihar (now State of Jharkhand) preferred an appeal against order dated 24.7.1999 and the appeal was allowed vide order dated 6.8.2002. A communication contained in letter dated 13.11.2006 was issued to the petitioner, the power of attorney holder of lessee requiring the lessee to make payment of an amount of Rs. 12,92,000/- as Salami for transfer. Vide letter dated 18.7.2007, the petitioner objected to the said demand and offered conditional deposit of Rs.. 6,12,000/-. Thereafter, vide communication dated 24.9.2007, an amount of Rs. 48,28,000/- has been demanded from the petitioner as Salami for transfer of the land in question.
(2.) A counter-affidavit has been filed on behalf of the respondent State of Jharkhand supporting order dated 24.9.2007. It is stated that the notification dated 11.3.1993 is applicable in the present case and the Salami has been calculated in terms of notification dated 11.3.1993.
(3.) Heard learned counsel appearing for the parties and perused the documents on record.;