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2025 DAILYLAW 31096 (JHR)

HARUN MIAN ALIAS HAROON MIAN v. THE STATE OF JHARKHAND

Cont.(Cvl)/1178/2024 · 2025-05-02

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:13217 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No.1178 of 2024 ----- Harun Mian @ Haroon Mian, son of Late Maqbul Mian, resident of village-Asanbani, P.O. Godda, P.S. Godda, District Godda. .......... Petitioner. -Versus- 1. The State of Jharkhand. 2. Rishi Raj, the Circle Officer, Godda. .......... Opp. Parties. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Binod Kumar Jha, Advocate For the O.Ps. : Mr. Ankit Kumar, A.C. to S.C.-I ----- Order No.11 Date: 02.05.2025 1. The present contempt application has been filed for initiation of contempt proceeding as against the Opposite Party No.2 alleging wilful violation of the order dated 26th September, 2024 passed by this Court in W.P.(C) No.7676 of 2023. 2. Mr. Ankit Kumar, learned A.C. to S.C.-I refers to paragraph no.8 of the show-cause affidavit dated 12th February, 2025 filed on behalf of the Opposite Party No.2 which reads as under : “8.That on 24.01.2025 the deponent visited the spot i.e. land in question along with Anchal Amin Revenue Sub inspector and circle Inspector where the petitioner and his co-sharers were present. Attendance of both the parties was obtained in token of visiting the spot. There the parties raised dispute relating to partition and all the co-sharers started claiming for allotting the land of the roadside. Further it was found that most of the portions of plot no. 563 and 571 have been transferred through unregistered deeds to several persons as claimed by them and they have constructed their house. From perusal of the Gantzer's khatiyan, it is apparent that the land stands recorded in the name of Mosomat Garvi daughter of Hadhi Mian of the said village Asanbani and the zamabandi has been continuing in her name and her legal heirs are paying rent. Thus, the deponent having found that it is not within his jurisdiction to effect the delivery of possession by carving out the share, hence took decision to reject the claim of the petitioner and asked the petitioner to take recourse in a competent civil court. Thus, the deponent has taken decision in terms of order dated 25.01.2025 passed in Revenue Misc. case no. 03/2024-25. The copy of the said decision was communicated / handed to the petitioner which has been duly received by him on 08.02.2025.” 2025:JHHC:13217 2 3. It is, thus, submitted that the order 26th September, 2024 passed by this Court in W.P.(C) No.7676 of 2023 has been complied. 4. As against this, Mr. Binod Kumar Jha, learned counsel for the petitioner submits that vide order dated 25th January, 2025, the Opposite Party No.2 has arbitrarily rejected the petitioner’s request for demarcation of the land in question. 5. Be that as it may. 6. Since in compliance of the aforesaid order of this Court, the Opposite Party No.2 has already passed a reasoned order dated 25th January, 2025, there is no need to further procced in the contempt matter. The contempt proceeding as against the Opposite Party No.2 is hereby dropped. 7. The contempt application is accordingly disposed of. 8. However, the petitioner is at liberty to take appropriate recourse(s) as permissible under law against the order dated 25th January, 2025 passed by the Opposite Party No.2. (Rajesh Shankar, J.) Rohit/