- (1.) This Letters Patent Appeal has been preferred against the judgment dated 09.02.2012 passed by the learned Single Judge in W.P. (C) No. 2160 of 2004, whereby the learned Single Judge has held that as no notification has been issued under sub-section (3) of Section 10 of the Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter referred to as "the Act, 1976," for the sake of brevity), the Government of Jharkhand has not acquired the land in question for which it is alleged by the appellant that notification under sub-section (1) of Section 10 of the Urban Land (Ceiling & Regulation) Act, 1976 has been issued.
(2.) Learned counsel appearing for the appellant submitted that respondent No. 11 is the holder of the land in question and therefore, respondent No. 11 has filed a statement under Section 6 of the Act, 1976 and thereafter, the form was scrutinized and verified and ultimately notice under Section 9 of the Act, 1976 was given to the holder of the land and, thereafter, under Section 10(1) of the Act, 1976, necessary notification was also issued, but, it is fairly submitted by the counsel for the appellant that no notification under Sub-section (3) of Section 10 of the Act, 1976 was issued by the Government. There are several reasons for not issuing to such notification including pending litigation between the purchaser of the land and the holder of the land etc, but, the fact remains that there was no notification issued by the government, for any reason, whatsoever, under Section 10(3) of the Act, 1976.
(3.) Learned counsel appearing for the respondent No. 11 submitted that he is the holder of the land in question and as possession of the land was never taken over by the State Government, he continues with the ownership under Section 3 and 4 of the Urban Land (Ceiling & Regulation) Repeal Act, 1999, and as there is no notification under Section 10(3) of the Act, 1976, the land in question is never vested in the Government nor the possession thereof has been taken over by the Government under Section 10(6) of the Act, 1976. This aspect of the matter has been properly appreciated by the learned Single Judge in W.P. (C) No. 2160 of 2004, and, hence this Letters Patent Appeal may not be entertained by this Court.;