JUDGEMENT
AMARESHWAR SAHAY, J. -
(1.) HEARD the parties.
(2.) THE petitioner, a registered owner of a building standing over 2 kathas 8 chhatakas of land, situated at Jagatpal Sahay Street within Ward No. 3 of Ranchi Municipal Corporation, has challenged the order dated 4.6.2007, contained in Annexure -14 to the writ application, whereby the Deputy Commissioner -cum - Collector, Ranchi, has rejected his prayer tode -requisition the said building premises under the provisions of Section 11(2) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1947, (hereinafter called as the B.B.C. Act for the sake of convenience).
The facts in short for the purpose of disposal of this writ petition are as follows: Municipal Survey Plot Nos. 1138 and 1139 corresponding to Municipal holding Nos. 1105 and 1106, was owned and possessed by M/s. Ranchi Jamindari Limited, a Company established by Raja Baldeo Das Birla, which, subsequently, came in possession of M/s. Ranchi Enterprises and Properties Limited. M/s. Ranchi Enterprises and Property Limited made a gift with respect to 89 links of the aforesaid properties to Academic of Indian Culture by virtue of a Registered Deed of Gift dated 17.9.1990. The said Academic of Indian Culture sold 2 Kathas and 8 Chhataks of the land along with house out of the aforesaid properties to the petitioner by a registered deed of sale dated 24.1.2002. The petitioner got his name mutated in Ranchi Municipal Corporation.
The premise in question, which was purchased by the petitioner, was previously requisitioned in exercise of the powers under Section 11(2) of B.B.C. Act by the Deputy Commissioner and it was allotted in the name of Sri. J. Jha, Dy. Collector and Land Acquisition Officer, Ranchi. In the year 1966. the said premises was again allotted to Sri K.N. Sinha, Sub -Deputy Magistrate after the same was vacated by Sri Jha. In the year 1967. the same premises was again allotted to Sri S.N. Jha, Sub -Deputy Collector and A.D.S.O. under Section 11(2)(a) of B.B.C. Act on 5th December, 1967.
(3.) ON 26.5.1970, it was allotted to one Sri C. Tudu, District Public Relation Officer, Ranch! under Section 11(2) of the said Act and, thereafter, again to one Sri B.L. Hansda, District Public Relation Officer, Ranchi. Sri B.L. Hansda retired from service and, thereafter, one Sri Gandura Munda, District Public Relation Officer, Ranchi occupied the said premises.;
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