Neutral Citation No. ( 2025:JHHC:12744-DB ) -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No.180 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, Jharkhand 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Saraat Bose Road, Lansdowne Towers, Kolkata- 700020 and also at Village Padampur, Behind PGCIL Substtion, Adityapur-Kandra Road, P.O. & P.S. Kandra, District- Seraikella-Kharsawan. ... … Respondents With L.P.A. No. 182 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, Jharkhand 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers, Kolkata- Neutral Citation No. ( 2025:JHHC:12744-DB ) -2- 700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur-Kandra Road, P.O. & P.S. Kandra, District- Seraikella-Kharsawan. .. … Respondents With L.P.A. No. 186 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Mr. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers, Koklata-700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur-Kandra Road, P.O. & P.S. Kandra, District- Seraikella-Kharsawan. .. … Respondents With L.P.A. No. 192 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella Neutral Citation No. ( 2025:JHHC:12744-DB ) -3- 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers, Koklata- 700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur-Kandra Road, P.O. & P.S. Kandra, District- Seraikella-Kharsawan. .. … Respondents With L.P.A. No. 197 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers, Koklata- 700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur-Kandra Road, P.O. & P.S. Kandra, District- Seraikella-Kharsawan. .. … Respondents With L.P.A. No. 198 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus Neutral Citation No. ( 2025:JHHC:12744-DB ) -4- 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers, Koklata- 700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur-Kandra Road, P.O. & P.S. Kandra, District- Seraikella-Kharsawan. .. … Respondents With L.P.A. No. 202 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers, P.O & P.S., P.S. & District-Koklata-700020 and also Village Padampur, Behind PGCIL Substation, Adityapur-Kandra Road, P.O. & P.S. Kandra, District- Seraikella- Kharsawan. .. … Respondents With L.P.A. No. 206 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Neutral Citation No. ( 2025:JHHC:12744-DB ) -5- Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, District- Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, P.O. & P.S. Lansdowne Towers, District- Koklata-700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur-Kandra Road, P.O. & P.S. Kandra, District- Seraikella- Kharsawan. .. … Respondents With L.P.A. No. 207 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers, Koklata- 700020 and also Village Padampur, Behind PGCIL Substation, Adityapur-Kandra Road, P.O. & P.S. Kandra, District- Seraikella-Kharsawan. ... … Respondents With L.P.A. No. 212 of 2023 Neutral Citation No. ( 2025:JHHC:12744-DB ) -6- --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers, P.O. & P.S. Ballygunj, District-Koklata-700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur- Kandra Road, P.O. & P.S. Kandra, District- Seraikella- Kharsawan. ... … Respondents With L.P.A. No. 213 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, P.O. & P.S. Lansdowne Towers, Koklata-700020 and also at Village Padampur, Neutral Citation No. ( 2025:JHHC:12744-DB ) -7- Behind PGCIL Substation, Adityapur-Kandra Road, P.O. & P.S. Kandra, District- Seraikella-Kharsawan. ... … Respondents With L.P.A. No. 214 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, P.O. & P.S. Lansdowne Towers, Koklata-700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur-Kandra Road, P.O. & P.S. Kandra, District- Seraikella-Kharsawan. ... … Respondents With L.P.A. No. 215 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue & Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia Neutral Citation No. ( 2025:JHHC:12744-DB ) -8- 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers, P.O. & P.S. Ballygunj, District-Koklata-700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur- Kandra Road, P.O. & P.S. Kandra, District- Seraikella- Kharsawan. ... … Respondents With L.P.A. No. 216 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers, Koklata- 700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur-Kandra Road, P.O. & P.S. Kandra, District- Seraikella-Kharsawan. ... … Respondents With L.P.A. No. 217 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office Neutral Citation No. ( 2025:JHHC:12744-DB ) -9- at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers, Koklata- 700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur-Kandra Road, P.O. & P.S. Kandra, District- Seraikella-Kharsawan. ... … Respondents With L.P.A. No. 218 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers, P.O. & P.S. Ballygunj, District-Koklata-700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur- Kandra Road, P.O. & P.S. Kandra, District- Seraikella- Kharsawan. ... … Respondents With L.P.A. No. 219 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Neutral Citation No. ( 2025:JHHC:12744-DB ) -10- Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers,P.O. & P.S. Ballygunj, District-Koklata-700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur- Kandra Road, P.O. & P.S. Kandra, District- Seraikella- Kharsawan. ... … Respondents With L.P.A. No. 220 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers, P.O. & P.S. Balleygunj, District South Koklata-700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur-Kandra Road, P.O. & P.S. Kandra, District- Seraikella-Kharsawan. ... … Respondents Neutral Citation No. ( 2025:JHHC:12744-DB ) -11- With L.P.A. No. 221 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue and Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers, P.O. & P.S. Balleygunj, District-Koklata-700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur- Kandra Road, P.O. & P.S. Kandra, District- Seraikella- Kharsawan. ... … Respondents With L.P.A. No. 222 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue & Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Neutral Citation No. ( 2025:JHHC:12744-DB ) -12- Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers, P.O. & P.S. Ballygunj, District-Koklata-700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur- Kandra Road, P.O. & P.S. Kandra, District- Seraikella- Kharsawan. ... … Respondents With L.P.A. No. 223 of 2023 --------- Adhunik Power and Natural Resources Ltd., through its Senior Manager-Legal and Corporate Affairs namely Partha Debnath, S/o Narayan Chandra Debnath, residing at Sangramgarh, P.O. & P.S. Bengal Enamel, District North 24 Parganas, PIN- 743122 (West Bengal), having its Office at Lansdowne Towers, 5th Floor, 2/1, Sarat Bose Road, P.O. & P.S. Sarat Bose Road, Kolkata-700020 (West Bengal). ... … Appellant Versus 1. The State of Jharkhand through the Principal Secretary, Department of Revenue & Land Reforms, having Office at Jharkhand Mantralaya, Project Bhawan, P.O. Dhurwa, P.S. Dhurwa, District Ranchi, 2. The Deputy Commissioner, Seraikella Kharsawan 3. The Land Reforms Deputy Collector, Seraikella 4. The Circle Officer, Gamharia 5. Ghanshayam Das Agarwal, S/o Late Mahadeo Prasad Agarwal, one of the Director of Adhunik Power and Natural Resources Limited, having its Corporate Office at 2/1A, Sarat Bose Road, Lansdowne Towers, Koklata- 700020 and also at Village Padampur, Behind PGCIL Substation, Adityapur-Kandra Road, P.O. & P.S. Kandra, District- Seraikella-Kharsawan. ... … Respondents ……….. CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA --------- For the Appellant(s) : Mr. Indrajit Sinha, Advocate Mr. Arpan Mishra, Advocate For the Respondent(s) : Mr. Rajiv Ranjan, A.G. Mr. Yogessh Modi, AC to A.A.G.-IA Mr. Ratnesh Kumar, Advocate Mr. Rakesh Kumar Shahi, Advocate Mr. Vishal Kumar Rai, AC to G.A.-IV --------- Order No.13 / Dated, 11th March, 2025 Per Rongon Mukhopadhyay, J. Heard Mr. Indrajit Sinha, learned counsel for the Neutral Citation No. ( 2025:JHHC:12744-DB ) -13- appellant(s) and Mr. Rajiv Ranjan, learned Advocate General for the respondent(s). 2. All these appeals have been preferred against a common order dated 28.02.2023 passed in W.P.(C) No. 2100 of 2014 along with its analogous cases, whereby and whereunder, the writ applications preferred by the appellants against different orders passed by the Deputy Collector, Land Reforms in proceedings initiated for fixation of commercial rent, by which, rent has been fixed annually on commercial rate for the land(s) in question has been affirmed and the matter(s) have been remitted to the Deputy Commissioner, Seraikella for taking a decision with respect to permissibility of change of the nature of land(s) in view of the provisions of C.N.T. Act, 1908 so as to maintain the very object and intent of the said Act. 3. The facts in brief reveal that the writ-petitioners have set up a Thermal Power Station in the district of Seraikella- Kharswan within Gamharia Circle in and around Mouza Padampur. For the purposes of setting up of the Thermal Power Station, the writ-petitioners had entered into a Memorandum of Understanding with the State of Jharkhand on 31.10.2005 and in order to fulfill its obligations had acquired huge tracts of lands including the lands in question from the legal heirs and representatives of the recorded tenants. Separate deeds of sale were executed and consequently registered by the legal heirs and representatives of the recorded tenants in favour of the petitioners. It has been stated that after execution of the sale deeds the writ- petitioners had made separate applications before the Circle Officer, Gamharia for mutation and after a proper enquiry the Circle Officer, Gamharia issued separate correction slips showing mutation in respect of tenancy in favour of the petitioner no. 1 company regarding the lands in question. On the basis of the applications preferred by the petitioners separate Commercial Rent Fixation Cases were instituted and the Circle Officer, Gamharia Neutral Citation No. ( 2025:JHHC:12744-DB ) -14- passed an order to issue a general notice inviting objections from the public and directed the Halka Karamchari to cause an enquiry to be made and prepare an enquiry report and send it through the Circle Inspector. In course of the said proceedings the petitioner no. 1 company had to give an indemnity that as per the project layout they would be utilizing only 40% of the lands for industrial purpose while the remaining 60 % would be developed as Green Belt, Playground, Park etc. A further affidavit was submitted on behalf of the petitioner-company at the insistence of and / or under the directions of the respondent nos. 3 and 4 that whatever commercial rent is fixed by the respondent no. 1 in the Commercial Rent Fixation Cases the company will pay it every year and the company would never assail the said fixation in any Court of Law. It has been stated that based on the purported report of the Circle Inspector, the undertaking wrongly given on behalf of the petitioner-company, the Circle Officer, Gamharia had forwarded the files to the Land Reforms Deputy Collector, Seraikella for approving the commercial rent for the lands in question. Based on the said recommendation the Land Reforms Deputy Collector, Seraikella by separate orders and particularly in the light of the circular as contained in Notification No. 8/Kha/Ma/Niti-1021/83-1452/Ra, dated 21.05.1983 fixed the rent of the lands in question and consequently directed the Circle Officer, Gamharia to realize the said amount. The details of fixation of commercial rents are given by way of a Tabular Chart as indicated hereinbelow: S. No. Case No. Details of the impugned Order Land Details Rent Fixed 1. W.P(C) 2100/2014 Order dated 31.08.2010 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.28/10-11 Plot No.346, 351, 500, 502, 553, 558, 541, 611, 646 and 647; Khata Nos. 38 and 42; Thana No.47; Mouza Padampur, District Seraikella- Kharsawan, measuring 6.26 acres Rs. 4,70,376/- per annum 2. W.P(C) 2520/2014 Order dated 14.07.2011 passed by the Land Reforms Deputy Plot No.163 and 308; Khata Nos. 34; Thana No.76; Mouza Barahariharpur, District Rs.41,439/- per annum Neutral Citation No. ( 2025:JHHC:12744-DB ) -15- Collector, Seraikella in Commercial Rent Fixation Case No.49/10-11 Seraikella-Kharsawan, measuring 1.348 acres 3. W.P(C) 2521/2014 Order dated 14.07.2011 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.43/10-11 Plot No.12; Khata Nos. 12; Thana No.77; Mouza Chhotahariharpur, District Seraikella-Kharsawan, measuring 0.60 acres Rs.18,438/- per annum 4. W.P(C) 2535/2014 Order dated 14.07.2011 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.48/10-11 Plot No.72, 163 and 30; Khata Nos. 34 and 32; Thana No.76; Mouza Barahariharpur, District Seraikella-Kharsawan, measuring 0/809 acres Rs.24,868/- per annum 5. W.P(C) 2537/2014 Order dated 14.07.2011 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.44/10-11 Plot No.22, 24, 26, 6, 56, 57, 58, 59, 127, 128, 129, 130, 131 and 132 ; Khata Nos. 19 and 32; Thana No.48; Mouza Srirampur, District Seraikella- Kharsawan, measuring 2.47 acres Rs.75,942/- per annum 6. W.P(C) 2541/2014 Order dated 14.07.2011 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.45/10-11 Plot No.83, 101, 89, 90, 93/310, 102, 88, 91, 165, 166, 202, 87, 92 and 100; Khata Nos. 24 and 26; Thana No.76; Mouza Barahariharpur, District Seraikella-Kharsawan, measuring 5/17 acres Rs.1,58,913/- per annum 7. W.P(C) 2994/2014 Order dated 21.10.2010 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.38/10-11 Plot No.5, 161 and 200; Khata Nos.7; Thana No.76; Mouza Barahariharpur, District Seraikella-Kharsawan, measuring 4.855 acres Rs.1,49,194/- per annum 8. W.P(C) 2995/2014 Order dated 21.10.2010 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.41/10-11 Plot No.596, 356, 366, 552, 542, 543, 544, 549, 67, 511, 66, 587, 174, 165, 378 and 588; Khata Nos. 62, Thana No.47; Mouza Padampur, District Seraikella-Kharsawan, measuring 5.0325 acres Rs.3,78,142/- per annum 9. W.P(C) 2996/2014 Order dated 18.08.2010 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.24/10-11 Plot Nos.101, 394, 397, 528, 650, 667, 668, 197, 198, 138, 670, 672, 675, 666, 396, 677 and 406; Khata Nos. 49, 50, 67, 68 and 71, Thana No.47; Mouza Padampur, District Seraikella-Kharsawan, measuring 2/0825 acres Rs.1,54,875/- per annum 10. W.P(C) 2997/2014 Order dated 21.10.2010 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.39/10-11 Plot No.528, 531, 639, 533, 613, 632, and 682; Khata Nos. 49 and 50, Thana No.47; Mouza Padampur, District Seraikella-Kharsawan, measuring 1.89 acres Rs.1,42,015/- per annum 11. W.P(C) 2998/2014 Order dated 18.08.2010 passed by the Land Plot No.182, 421, 530, 201, 186, 192, 139, 653, 354 and Rs.3,38,130/- per annum Neutral Citation No. ( 2025:JHHC:12744-DB ) -16- Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.23/10-11 593; Khata Nos. 49, 50, 51 and 52, Thana No.47; Mouza Padampur, District Seraikella- Kharsawan, measuring 4.50 acres 12. W.P(C) 2999/2014 Order dated 31.08.2010 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.26/10-11 Plot No.153; Khata No.42, Thana No.47; Mouza Padampur, District Seraikella- Kharsawan, measuring 0.60 acres Rs.45,084/- per annum 13. W.P(C) 3000/2014 Order dated 18.08.2010 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.19/10-11 Plot No.523, 628, 616/693 and 630; Khata Nos. 31 and 35, Thana No.47; Mouza Padampur, District Seraikella- Kharsawan, measuring 1.32 acres Rs.98,224/- per annum 14. W.P(C) 3001/2014 Order dated 31.08.2010 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.27/10-11 Plot No.298 and 323; Khata No. 28, Thana No.48; Mouza Srirampur, District Seraikella- Kharsawan, measuring 0.61 acres Rs.18,745/- per annum 15. W.P(C) 3002/2014 Order dated 21.10.2010 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.34/10-11 Plot No.178, 179, 180, 183, 184, 185, 186, 188, 189, 191, 206, 297, 133, 156, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 291, 292, 293, 306, 307, 333, 334, 335, 339, 340 and 187; Khata Nos.1, 6 and 7, Thana No.17; Mouza Ralmara, District Seraikella-Kharsawan, measuring 8.53 acres Rs.2,24,499/- per annum 16. W.P(C) 3004/2014 Order dated 21.10.2010 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.35/10-11 Plot No.105, 90, 113, 115, 117, 589, 488, 485, 536, 538, 476, 477, 478, 479, 480, 471, 472, 474, 475, 442, 448, 450, 451, 453, 454, 463, 465, 455, 469, 416, 422, 424, 427, 412, 380, 381, 241, 242, 244, 247, 250, 121, 129, 130, 131, 128, 116, 486, 482 and 487 ; Khata Nos.60 and 46, Thana No.47; Mouza Padampur, District Seraikella-Kharsawan, measuring 3.935 acres Rs.2,95,676/- per annum 17. W.P(C) 3005/2014 Order dated 21.10.2010 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.40/10-11 Plot No.5, 98, 114, 157, 158, 160, 161 and 200; Khata Nos.7; Thana No.76; Mouza Barahariharpur, District Seraikella-Kharsawan, measuring 6.035 acres Rs.1,85.456/- per annum 18. W.P(C) 3006/2014 Order dated 18.08.2010 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Plot No.177, 13, 199, and 605; Khata Nos.49 and 50; Thana No.47; Mouza Padampur, District Seraikella-Kharsawan, measuring 1.21 acres Rs.89,987/- per annum Neutral Citation No. ( 2025:JHHC:12744-DB ) -17- Case No.18/10-11 19. W.P(C) 3651/2014 Order dated 18.08.2010 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.20/10-11 Plot No.174, 378, 366 and 165; Khata No.62; Thana No.47; Mouza Padampur, District Seraikella-Kharsawan, measuring 0.58 acres Rs.43,525/- per annum 20. W.P(C) 3652/2014 Order dated 18.08.2010 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.22/10-11 Plot No.181, 10, 528, 195, 85, 258, 86, 89, 145, 146 and 674; Khata Nos.45 and 50; Thana No.47; Mouza Padampur, District Seraikella-Kharsawan, measuring 3.4575 acres Rs.2, 59,797/- per annum 21. W.P(C) 3693/2014 Order dated 18.08.2010 passed by the Land Reforms Deputy Collector, Seraikella in Commercial Rent Fixation Case No.21/10-11 Plot No.608, 609, 610 and 613; Khata Nos.36 and 32; Thana No.28; Mouza Pindrabera, District Seraikella-Kharsawan, measuring 5.24 acres Rs.4,46,081/- per annum 4. It has been stated that pursuant to the order of the Land Reforms Deputy Collector, Seraikella, the Circle Officer, Gamharia issued separate letters to the petitioner no. 1 company demanding the various sums as indicated the Tabular Chart as annual commercial rent for the land(s) in question and the petitioner no. 1 has deposited the said amount by way of demand draft drawn in favour of the Circle Officer, Gamharia. It was the case of the writ-petitioners before the learned Single Judge that the circular dated 21.05.1983 fell for consideration in the cases of “ITDC Ltd. versus State of Bihar” reported in 1994 (1) BLJR 88, “Indo Asahi Glass Company Ltd. versus State of Bihar reported in 2005 (3) JLJR 447 (Jhr.) and in the case of “State of Bihar & Others versus Vijay Kumar Choudhury” reported in [2002 (2) JLJR 526 (Jhr.)], wherein it has been held that the circular dated 21.05.1983 only applies to management of Khas Mahal Lands and no other. It has been stated that after making payment of the initial demand made the petitioners had not paid the rent subsequent to the same and consequently the Circle Officer, Gamharia had issued various demand notices which were objected to by the petitioners and representations were filed before the Deputy Commissioner, Seraikella-Kharsawan wherein it has been Neutral Citation No. ( 2025:JHHC:12744-DB ) -18- contended that though the petitioners had undertaken to carry out industrial activity only on 40% of the lands but commercial rent has illegally been levied on the basis of 5% of the market value of the entire lands. The writ-petitioners being aggrieved with the actions of the respondent had preferred separate writ application challenging the various demand notices issued by the Circle Officer, Gamharia as also for a declaration that Notification No. 8/Kha.Ma. Niti/1021/83-1452/Ra. dated 21.05.1983 only applies to the management of Khas Mahal land and not to the land(s) in question. The contention of the writ-petitioners were dealt with in the order dated 28.02.2023 in the following manner: “7. It appears from the orders impugned (dated 31.08.2010 W.P.(C) No.2100 of 2014) that the order fixing commercial rent has been passed on the basis of circular dated 21.05.1983 but the learned counsel appearing for the petitioners has not apprised this Court about the existence of the said circular dated 21.05.1983 as on the day when the impugned order was passed, however, this Court has found from going through the order passed by a Co-ordinate learned Single Judge, passed by the Ranchi Bench of the Patna High Court in Bijoy Kumar Choudhury vs. Member, Board of Revenue, Bihar Patna reported in 1998 SCC Online Patna 149 that the circular dated 21.05.1983 has been recalled by another circular being Circular No.8/Kha. Ma. Ankechak 2/90-611 RA dated 07.03.1991 on the advice of the Advocate General and as such the impugned order has been passed by the authority although is based upon the circular dated 21.05.1983 which were not in existence on or after 07.03.1991 and as such the fixation of commercial rent on the basis of circular dated 21.05.1983 cannot be said to be just and proper….” 5. The findings recorded by the learned Single Judge as noted above indicates the assertions of the writ-petitioner. However, the writ-petitioners/appellants are aggrieved by the subsequent observation and findings recorded by the learned Single Judge based on the following question: “7. …. But, this Court, is not on the issue of the fixation of the commercial rent rather on the broader issue as to whether the nature of land can be allowed Neutral Citation No. ( 2025:JHHC:12744-DB ) -19- to be changed from cultivation to that of another and therefore, is now proceeding to examine the aforesaid aspect of the matter.” 6. All the writ applications were disposed of by a common order dated 28.02.2023 in the following terms: “28. This Court, therefore, is of the view that the facts of these given cases also pertains to the enforcement of the duties which is to be exercised by the authority conferred power under the C.N.T. Act, 1908 wherein as per discussions made hereinabove, the power in accordance with Act, 1908 has not been exercised, said to be in consonance with the Act, 1908, by allowing the change in the nature of the land. 29. This Court, therefore, is of the view that the matter is required to be considered by the Deputy Commissioner for taking decision with respect to the permissibility of change of nature of land in view of the provision of Chotanagpur Tenancy Act, 1908 so as to maintain the very object and intent of the Chotanagpur Tenancy Act, 1908 as discussed above. As such, the matter is remitted to the Deputy Commissioner to take decision in accordance with law, preferably within a period of two months from the date of receipt of copy of the order.” 7. It has been submitted by Mr. Indrajit Sinha, learned counsel for the appellants/writ-petitioners that the learned Single Judge committed an error by making out a new case instead of putting the same to rest after holding that the fixation of commercial rent on the basis of circular dated 21.05.1983 is not fair and proper. The appellants/writ-petitioners have been put in a worse position by coming to the court. In such context, he has referred to the case of “Pradeep Kumar versus Union of India & Others.” report in (2005) 12 SCC 219. It has been submitted that the learned Single Judge could not have entered into the issue of permissibility of change of nature of land in view of the provisions of C.N.T. Act and in support of such contention Mr. Sinha has referred to Section 49 of the C.N.T. Act. According to Mr. Sinha, the permission was granted in 2010 and since the period of twelve years have already expired from the date of permission the matter Neutral Citation No. ( 2025:JHHC:12744-DB ) -20- could not have been remanded to the Deputy Commissioner for taking a decision with respect to permissibility of the change of nature of lands. He has also laid emphasis to the case of “Allahabad University etc. versus Geetanjali Tiwari (Pandey) & Others etc. etc.” reported in (2024) SCC OnLine SC 3776. 8. It has been submitted by the learned Advocate General that on the prayer of the writ-petitioners/appellants for fixation of rent on conversion for use as factory and other related use by the company the Land Reforms Deputy Collector, Seraikella had made an enquiry on the basis of the guidelines of the government and had rightly fixed the rent which the petitioners had accepted with their undertakings. 9. The impugned order dated 28.02.2023 passed in W.P.(C) 2100 of 2014 along with its analogous cases is primarily in two parts; the first being related to the prayers of the writ- petitioners regarding the fixation of annual commercial rent for the land(s) in question while the second part is related to the illegitimacy with respect to the change in the nature of land from cultivation to an industry for commercial purposes. 10. So far as the first part is concerned, the specific finding has been recorded by the learned Single Judge that the Circular dated 21.05.1983 has already been recalled by another Circular dated 07.03.1991 and as such since the Circular dated 21.05.1983 was not in existence on or after 07.03.1991 and, therefore, the fixation of commercial rent on the basis of Circular dated 21.05.1983 cannot be said to be just and proper. The petitioners are not aggrieved with this finding but are aggrieved with the observations made with respect to the change in the nature of land and according to Mr. Sinha, learned counsel for the writ-petitioners/appellants the learned Single Judge has travelled beyond the scope of the prayer made in the writ-petitions by creating a completely different case which was detrimental to the Neutral Citation No. ( 2025:JHHC:12744-DB ) -21- cause of the writ-petitioners as no pleadings have been made in that respect from either of the sides. 11. Section 49 of the CNT Act reads as follows: “49. Transfer of occupancy-holding or Bhuinhari- Tenure for certain purposes – [(1) Notwithstanding anything contained in Sections 46, 47 and 48 any occupancy Raiyat or any member of a Bhuinhari family, who is referred to in Section 48 may transfer his holding or tenure or any part thereof for the following purposes: - (a) in any case, the use of the land for any industrial purposes or for any other purposes which the State Government may by ratification declare to be subsidiary thereto or for access to land used or required for any such purpose. (b) in any case, the use of the land for the purpose of mining or for any other purposes which the State Government may by notification declare to be subsidiary thereto or for access to land used or required for any such purpose. (2) The transferee in such cases shall not be entitled to use the land so transferred for any other purpose except for which it was transferred.] (3) Every such transfer must be made by registered deed, and before the deed is registered and the land transferred, the written consent of the Deputy Commissioner must be obtained to the terms of the deed and to the transfer. (4) Before consenting to any such transfer, the Deputy Commissioner shall satisfy himself that [adequate compensation is tendered to landlord for the loss (if any) caused to him by the transfer], and, where only part of a holding or tenure as transferred, may, if he thinks fit, apportion; between the transferee and the original tenant the rent payable for the holding or tenure.” (5) The State Government may, at any time within a period of twelve years from the date on which written consent is given by the Deputy Commissioner in regard to the transfer of any holding or part thereof belonging to an occupancy-Raiyat who is a member of the Scheduled Tribes either on its own motion or on an application made to it in this behalf set aside such Neutral Citation No. ( 2025:JHHC:12744-DB ) -22- written consent and annul the transfer, if after holding an inquiry in the prescribed manner and after giving reasonable opportunity to the parties concerned to be heard it finds that the consent had been obtained in contravention of the provisions of sub-sections (1) and (2) by misrepresentation or fraud, and in case any holding or part thereof has been transferred on the basis of such written consent direct the Deputy Commissioner to take further necessary action under clause (c) of sub-section 4-A of Section 46. 12. 12. A perusal of the said provision more particularly sub-section 5 of Section 49 of the CNT Act reveal that such transfer can be annulled if after holding an inquiry and after giving reasonable opportunity to the parties concerned to be heard it is concluded that the consent has been obtained in contravention of the relevant provision by misrepresentation or fraud and the same is operational within a period of 12 years from the date on which written consent is given by the Deputy Commissioner. 13. In the present cases the written permission was granted way back in the year 2010 as would be evident from the various sale deeds brought on record. The learned Single Judge in the impugned order has concluded that the power has not been exercised in accordance with the provisions of the CNT Act by allowing the change in the nature of land and, therefore, the matters were remanded back to the Deputy Commissioner to take a fresh decision in accordance with law. 14. What would transpire from the entire gamut of the factual aspects of the cases at hand is that the conclusion arrived at by the learned Single Judge has given rise to a different dimension in the cases which were neither pleaded nor propounded by either of the parties. In such scenario, we may refer to the case of “Pradeep Kumar versus Union of India & Others.” report in (2005) 12 SCC 219, wherein it has been held as follows: “4. Irrespective of the crime/offence with which the appellant may have been charged, it was not open to the High Court to have issued such a direction. Neutral Citation No. ( 2025:JHHC:12744-DB ) -23- The scope of judicial review did not allow the High Court to have interfered with the punishment imposed by the disciplinary authorities on the appellant. Besides, a writ petitioner cannot be put in a worse position by coming to court. The directions of the High Court are not sustainable and must be set aside. We are told by the learned counsel for the appellant that the respondent authority pursuant to the directions issued by the High Court initiated proceedings against the appellant for the purpose of imposing the penalty of dismissal from service. We have held that the direction of the High Court was wholly outside its jurisdiction. The appeals are thus allowed and the High Court's directions are set aside. The disciplinary enquiry initiated on the basis of the High Court's order is consequently also quashed. However, the writ petitions will stand dismissed. There is no order as to costs.” 15. Recently in the case of “Allahabad University etc. versus Geetanjali Tiwari (Pandey) & Others etc. etc.” reported in 2024 SCC OnLine SC 3776, in Civil Appeal Nos. 12411-12414 of 2024, it has been held as follows: “31. The necessity for appropriate pleadings in a writ petition cannot be overemphasized, particularly when such petitions are mainly decided on affidavit evidence and not witness action. 32. Without a doubt, a court cannot in the absence of the requisite pleadings grant relief claimed by a party. We first propose to notice two decisions which arose out of pure civil proceedings and then two decisions arising out of writ proceedings. 33. In Pt. Shamboo Nath Tikoo v. S. Gian Singh, this Court held as follows: “20. No doubt, the finding recorded by the learned third Judge (Farooqi, J.) that two rooms of Dharamshalla had been granted by Maharaja Partap Singh in favour of the Sikh community- defendants, accords with the finding of another learned Judge (Jalal-ud-Din, J.). But, that finding, in our view, becomes wholly unsustainable being altogether a new case made out for the defendants by him, in that, such case is not in any way traceable to the pleas of defence of the defendants set out in their written statements against their ejectment from the said two rooms.” 34. Bachhaj Nahar v. Nilima Mandal is a decision where one finds a neat discussion on the object and Neutral Citation No. ( 2025:JHHC:12744-DB ) -24- purpose of pleadings. The relevant passages read as follows: “12. The object and purpose of pleadings and issues is to ensure that the litigants come to trial with all issues clearly defined and to prevent cases being expanded or grounds being shifted during trial. Its object is also to ensure that each side is fully alive to the questions that are likely to be raised or considered so that they may have an opportunity of placing the relevant evidence appropriate to the issues before the court for its consideration. This Court has repeatedly held that the pleadings are meant to give to each side intimation of the case of the other so that it may be met, to enable courts to determine what is really at issue between the parties, and to prevent any deviation from the course which litigation on particular causes must take. 13. The object of issues is to identify from the pleadings the questions or points required to be decided by the courts so as to enable parties to let in evidence thereon. When the facts necessary to make out a particular claim, or to seek a particular relief, are not found in the plaint, the court cannot focus the attention of the parties, or its own attention on that claim or relief, by framing an appropriate issue. As a result the defendant does not get an opportunity to place the facts and contentions necessary to repudiate or challenge such a claim or relief. Therefore, the court cannot, on finding that the plaintiff has not made out the case put forth by him, grant some other relief. The question before a court is not whether there is some material on the basis of which some relief can be granted. The question is whether any relief can be granted, when the defendant had no opportunity to show that the relief proposed by the court could not be granted. When there is no prayer for a particular relief and no pleadings to support such a relief, and when the defendant has no opportunity to resist or oppose such a relief, if the court considers and grants such a relief, it will lead to miscarriage of justice. Thus it is said that no amount of evidence, on a plea that is not put forward in the pleadings, can be looked into to grant any relief.” 35. In Rani Laxmibai Kshetriya Gramin Bank v. Chand Behari Kapoor, this Court noted the settled legal position and interfered with the impugned decision by ruling as follows: Neutral Citation No. ( 2025:JHHC:12744-DB ) -25- “8. … It is too well settled that the petitioner who approaches the court invoking the extraordinary jurisdiction of the court under Article 226 must fully aver and establish his rights flowing from the bundle of facts thereby requiring the respondent to indicate its stand either by denial or by positive assertions. But in the absence of any averments in the writ petition or even in the rejoinder-affidavit, it is not permissible for a court to arrive at a conclusion on a factual position merely on the basis of submissions made in the course of hearing. The High Court, therefore, in our view committed serious error in coming to the conclusion that there existed vacancies in the post of Field Supervisor on the materials produced before it. In fact the respondents herein who were the petitioners in the High Court had not produced any material in support of their stand that vacancies existed and yet appointments have not been made. We are of the considered opinion that the conclusion of the High Court that there existed vacancies is unsustainable in law and is accordingly set aside.” (emphasis supplied) 36. The difference in pleading in respect of civil proceedings and a writ petition was succinctly noticed in Bharat Singh v. State of Haryana and expressed in the following words: “13. …, when a point which is ostensibly a point of law is required to be substantiated by facts, the party raising the point, if he is the writ petitioner, must plead and prove such facts by evidence which must appear from the writ petition and if he is the respondent, from the counter-affidavit. If the facts are not pleaded or the evidence in support of such facts is not annexed to the writ petition or to the counter- affidavit, as the case may be, the court will not entertain the point. In this context, it will not be out of place to point out that in this regard there is a distinction between a pleading under the Code of Civil Procedure and a writ petition or a counter-affidavit. While in a pleading, that is, a plaint or a written statement, the facts and not evidence are required to be pleaded, in a writ petition or in the counter-affidavit not only the facts but also the evidence in proof of such facts have to be pleaded and annexed to it. …” 37. Based on the aforesaid authorities, we hold that while deciding a writ petition on the basis of affidavits, the writ court's enquiry ought to be Neutral Citation No. ( 2025:JHHC:12744-DB ) -26- restricted to the case pleaded by the parties and the evidence that they have placed on record as part of the writ petition or the counter/reply affidavit, as the case may be. Findings of the court have to be based on the pleadings and the evidence produced before it by the parties. It is well-nigh impermissible for the writ court to conjecture and surmise and make out a third case, not pleaded by the parties, based on arguments advanced in course of hearing.” 16. In “Allahabad University etc. versus Geetanjali Tiwari (Pandey) & Others etc. etc.” (supra), it has been emphasized that “it is well-nigh impermissible for the writ court to conjecture and surmise and make out a third case, not pleaded by the parties, based on arguments advanced in course of hearing”. The writ court, therefore, has been precluded to eke out a third case in absence of any pleading to that effect but as we have noticed above approaching this court by the petitioners have led them to a worse position and such finding of the learned Single Judge cannot be sustained in the eyes of law. 17. We, therefore, in view of what has been enumerated above set aside that part of the order dated 28.02.2023 passed in W.P.(C) No. 2100 of 2014 along with its analogous cases, whereby and whereunder the matter was remitted to the Deputy Commissioner, Seraikella to take a decision in accordance with law. 18. These writ applications stand disposed of in view of the above. (Rongon Mukhopadhyay, J.) (Pradeep Kumar Srivastava, J.) A. Sanga/-