- (1.) Seeking a direction upon the respondent No. 4-Circle Officer, Sahebganj for assessing the rent for the land settled vide order dated 13.02.1973 in Settlement Case No. 38 of 1967-68, the present writ petition has been filed.
(2.) The brief facts narrated in the writ petition are that, the petitioner who was in army service, on the recommendation dated 02.05.1967 of the Commanding Officer for settlement of land, was settled land admeasuring about 15 Bigha, 7 Katha and 19 Dhur at Mouza Kelabadi Dag No. 1431 in Settlement Case No. 38 of 1967-68 and a recommendation for issuance of Purcha was issued vide order dated 13.02.1973. The petitioner superannuated from service on 30.04.1980 and thereafter, he applied for renewal of lease on 21.06.1985 vide Lease Case No. 26 of 1985-86 and the petitioner was directed vide order dated 09.07.1987 to produce all the relevant papers for grant of lease. In the meantime, a show-cause notice was issued to the petitioner on 24.08.1990 to which the petitioner submitted reply on 09.09.1990. After considering the reply of the petitioner, the Deputy Commissioner cancelled the settlement in favour of the petitioner vide order dated 10.10.1990. The petitioner represented before the Sub-Divisional Officer and the Circle Officer vide representations dated 17.07.1989, 12.04.1990, 10.05.1990, 30.11.1992, and 27.10.1997 and, thereafter, the present writ petition has been filed.
(3.) A counter-affidavit has been filed on behalf of the respondent-State of Jharkhand alleging suppression of material facts by the writ petitioner. It is stated that though the settlement was cancelled vide order dated 10.10.1990 by the Deputy Commissioner, the said fact has been suppressed by the petitioner in the writ petition. It is further submitted that vide settlement dated 13.02.1973, the petitioner was required to pay rent after 5 years of such settlement however, the petitioner did not pay rent and therefore, after issuing notice to the petitioner vide order dated 10.10.1990, the settlement made in favour of the petitioner on 13.02.1973 has been cancelled by the Deputy Commissioner.;