Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.4215 of 2023 ----- Mina Devi, W/o Maheshwari Prasad, R/o Naya Basti, Bagbera, Potka, Tatanagar, P.O. & P.S.-Potka, Town- Jamshedpur, District-East Singhbhum.
.......... Petitioner. -Versus-
1. The State of Jharkhand.
2. The Deputy Commissioner, East Singhbhum, Jamshedpur.
3. Deputy Collector Land Reforms, East Singhbhum, Jamshedpur.
4. Additional Deputy Commissioner, East Singhbhum, Jamshedpur.
5. Sub-Divisional Officer, Golmuri, Jamshedpur, East Singhbhum.
6. Circle Officer, Jamshedpur, East Singhbhum.
.......... Respondents. -----
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Neeharika Mazumdar, Advocate For Respondents : Mr. Mrinal Kanti Roy, G.A.-I
-----
Order No.02
Date: 17.03.2025
1.
Learned counsel for the petitioner prays for and is allowed to implead the Circle Officer, Jamshedpur as respondent no.6 in the writ petition.
2.
Learned counsel for the petitioner confines the prayer made in the writ petition to the extent of issuance of direction upon the concerned respondent to consider the petitioner’s application for demarcation of land appertaining to Khata No.55, Plot No.1174, Mouza- Bagbera, P.S.-Bagbera, Thana No.1168, District-East Singhbhum, measuring an area of 0.03 acre.
3.
Learned counsel for the petitioner submits that the aforesaid land was purchased by the petitioner from one
Abdul Gafoor by way of sale deed dated 20th December,
1990. Pursuant to the said purchase, the land was also mutated in the name of the petitioner and the correction slip dated 25th January, 2006 was issued to her by the Circle Officer, Jamshedpur-respondent no.6. Subsequently, the petitioner requested the respondent no.3-Deputy Collector Land Reforms, Jamshedpur, East Singhbhum and respondent no.5-Sub-Divisional Officer, Golmuri, Jamshedpur vide letters dated 3rd August, 2022 that one Sarvanand Pathak and his wife Kanti Devi had encroached the aforesaid land due to which she was not in a position to get the same measured and demarcated. The petitioner also made an online application on 6th August, 2022 for demarcation of the said land. The petitioner then filed an application under the Right to Information Act, 2005 for knowing the status of the said applications, however, the same was also not responded which has compelled the petitioner to prefer the present writ petition.
4. Mr. Mrinal Kanti Roy, learned G.A.-I, appearing on behalf of the respondents submits that the aforesaid claim of the petitioner is required to be factually examined by the competent authority i.e. respondent no.6-Circle Officer, Jamshedpur. Hence, if the petitioner prefers a fresh representation in this regard before the respondent no.6, an appropriate decision in accordance with law will be
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taken by the said respondent within a time frame.
5. Having heard learned counsel for the parties and considering the nature of the prayer made in the writ petition, without entering into merit of the case, the petitioner is given liberty to prefer a fresh representation along with relevant documents in this regard before the respondent no.6-Circle Officer, Jamshedpur. On receipt of the said representation, the respondent no.6 after verifying the relevant records and on providing due opportunity of hearing to the petitioner and other concerned person(s), shall take an appropriate informed decision/step in accordance with law within six weeks from the date of filing of the representation.
6. The writ petition is, accordingly, disposed of with the aforesaid liberty and direction.
(Rajesh Shankar, J.) Vikas/
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