APARESH KUMAR SINGH,J. - (1.) Heard counsel for the parties.
(2.) Petitioner had earlier approached this Court in W.P.(C) No. 6261 of 2006 which was disposed of vide order dated 9th August, 2012 directing the Secretary, Department of Revenue and Land Reforms, Government of Jharkhand to take a decision on his representation in accordance with law and the relevant circular as also the attendant facts and circumstances within stipulated period. Petitioner had preferred the said writ petition seeking rehabilitation in the nature of allotment of a piece of land for construction of house and for agricultural purpose within the Giridih Area/Town in view of the Government notification bearing memo no. 4725 dated 14/16th August 1972 as he has served the nation for 24 years in different capacity under the Indian Air Force. He joined the Air Force as a Senior Medical Officer in the year 1975 and retired as Wing Commander on 31st May 1999.
(3.) Taking note of this, the writ petition was disposed of vide order dated 9th August 2012 (Annexure-1). The circular in question is Annexure-2 dated 14/16th August, 1972. One of the conditions contained in Annexure-2 relating to rehabilitation of ex-serviceman is that the applicant should have been resident of the State of Bihar and does not have any land in his name. Apart from that he should have been in the service of Air Force for minimum period of six months. 2 Acres of agricultural land and 12? decimals of residential land could be allotted upon fulfilment of the conditions prescribed therein to such an ex-serviceman. Representation of the petitioner has been rejected by the impugned order at Annexure-8 dated 7th July, 2014 passed by the Secretary, Revenue and Land Reforms Department, Government of Jharkhand interalia on the ground that :- (i) Petitioner has superannuated in 1997 where-after State of Jharkhand has come into existence. (ii) Petitioner is not a resident of State of Jharkhand. He is original resident of District Saran in Bihar. (iii) Petitioner's claim to be original resident of Giridih on the basis of studies undertaken on account of the engagement of his relatives in Central Coalfields Limited cannot establish that he is a resident of State of Jharkhand. (iv) Petitioner is a resident of Noida, Uttar Pradesh where he is living. ;