D.G.R.PATNAIK, J. - (1.) HEARD learned Counsel for the parties. Challenge in this writ petition is to the order dated 1.8.1996 and 21.11.1996 as contained in Annexure A and B to the counter affidavit whereby the respondent State Government has refused to settle the land in question in favour of the petitioner. Further prayer has been made for issuance of a direction to the respondents to execute lease deed in respect khas mahal land, total area being 8.62 acres (6.005 acres) under khata No. 445, plot No. 1390, 1453, 1457 and 1725 of village Kitadih and also including land, being
(2.) 615 acres under khata No. 299 plot No. 779 of village Karandih in Jamshepdur Anchal, Jamshepdur. 2 The petitioner is a Co -Operative Society registered under the Bihar Co -operative Societies Act, 1935. The Society comprising of more than 400 members was constituted for the purpose of providing residential houses to its members. The Society had requested the State Government to allot 28 acres of khas mahal land far construction of houses for its members. Against such request, the respondent State Government had settled 3 acres of khas mahal land on 16.8.1986 by letter No. 2061/ LR dated 16.08.1986 (Annexure 1 to the writ petition). The settlement was made against deposit of salami of Rs. 4.50 lakhs by the petitioner whereafter lease deed (annexure 3 to the writ petition) was executed by the authorized officer on behalf of the State Government in favour of the Society on 18.8.1987. For allotment of further land, the Deputy Commissioner, East Singhbhum (respondent No. 4) by his letter dated 24.2.1987 forwarded a proposal to the Revenue Secretary, Department of Revenue, Govt of Bihar, Patna (respondent No. 2) for settlement of further 8.62 acres of khas mahal land under settlement No. 10 of 1984 -85. The proposal was placed before the Minister, In charge Revenue Department, along with the legal opinion of the Advocate General on 13.4.1987. By his endorsement dated 21.4.1987, the Minister in Charge Revenue Department, approved the proposal for settlement of 8.62 acres of khas mahal land in favour of the petitioner. When the matter was again placed before him, the Minister in charge endorsed his approval on the office notings on 26.12.1987 and also directed for grant of Equivalent Citation:2009 -JX(Jhar) -0 -1154 permission to the Society for construction of houses over the land. The corresponding direction was accordingly issued to the Divisional Commissioner (respondent No. 3).
(3.) THE Divisional Commissioner (respondent No. 3) constituted a joint committee consisting of five Deputy Commissioners with instructions to conduct enquiry and submit a report. The report of the joint committee was submitted on 30.4.1992 recommending settlement of the proposed 8.62 acres of khas mahal land in favour of the petitioner.;