GOURI SAHANA v. THE STATE OF JHARKHAND THROUGH THE SECRETARY, DEPARTMENT OF LAND AND REVENUE
WPC/6612/2024 · 2025-02-13
Rajesh Shankar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 28038 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28038 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6612 of 2024 ----- Gouri Sahana, aged about 74 years, daughter of Devesh Bijay Sahana, resident of Sahana Nagpur Banglow, Koderma, P.O. and P.S. Koderma, District Koderma, Jharkhand.
.......... Petitioner. -Versus-
1. The State of Jharkhand through the Secretary, Department of Land and Revenue, having its office at Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, Jharkhand.
2. The Commissioner, North Chhotanagpur Division, Hazaribag, P.O. and P.S. Hazaribag, District Hazaribag, Jharkhand.
3. The Deputy Commissioner, Koderma having its office at Collectorate, Koderma, P.O. and P.S. Koderma, District Koderma, Jharkhand.
4. The Additional Collector, Koderma, P.O. and P.S. Koderma, District Koderma, Jharkhand.
5. Khas Mahal Officer-cum-Deputy Collector of Land Reforms, Koderma, P.O. and P.S. Koderma, District Koderma, Jharkhand.
.......... Respondents. -----
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Rama Kant Tiwari, Advocate For the State : Mr. Neil Abhijit Toppo, A.C. to G.A.-V -----
Order No.03
Date: 13.02.2025
1. The present writ petition has been filed for issuance of direction upon the respondent-authorities to remove the Notice Board fixed over the petitioner’s land appertaining to Khata No.547, Plot No.688, Thana No.333, Mouza-Koderma, Police Station-Koderma, District-Koderma measuring an area of 41 decimals for which she has already represented the respondent-authorities.
2.
Learned counsel for the petitioner submits that aforesaid land has been recorded in record of rights in the name of raiyats—Satya Kinkar Sahana, Bagula Kinkar Sahana, Kamla
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Kinkar Sahana, Bimla Kinkar Sahana and Chandi Charan Sahana and the petitioner is one of the successors of the said raiyats. It is further submitted that the names of the aforesaid raiyats have also been entered in the Register-II with respect to the land in question and the rent-receipts have been issued in their favour till the year 2021-22. Moreover Koderma Nagar Panchayat, Koderma has also issued holding number of the said land in the name of the petitioner and she has paid the holding tax on 10th September, 2020. Despite the said fact, a Notice Board over the land in question has been fixed by the order of the respondent no.3 on which it has been written that the said plot has been taken in possession by the Government. Aggrieved with the said situation, the petitioner has represented the respondent-authorities including the respondent no.3, however, the same have not been responded compelling her to prefer the present writ petition.
3. Mr. Niel Abhijit Toppo, learned A.C. to G.A. V appearing on behalf of the respondents submits that if the petitioner prefers a fresh representation on the present issue before the respondent no.3, an appropriate decision in accordance with law will be taken by the said respondent within a time frame.
4. Having heard the learned counsel for the parties and considering the nature of the prayer made by the petitioner
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in the present writ petition, without entering into the merit of the case, the petitioner is given liberty to prefer a fresh representation on the present issue before the respondent no.3. On receipt of the said representation, the respondent no.3 after providing an opportunity of hearing to the petitioner/her representative and on examining the relevant records, shall take an appropriate informed decision in accordance with law within a period of eight weeks from the date of filing of the said representation.
5. The writ petition is disposed of with aforesaid liberty and direction.
(Rajesh Shankar, J.) Rohit/