Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:32052-DB
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 5679 of 2022 Minhaj Alam (Age about 56 years) S/o Abdul Razak resident of Ward No.1, Home No. 89, Madina Mohalla, Madhupur, P.O & P.S. Madhupur, District Deoghar (Jharkhand).
... Petitioner
Versus
1. The State of Jharkhand.
2. The Divisional Commissioner, Dumka, P.O & P.S. Dumka, District Dumka (Jharkhand).
3. The Deputy Commissioner, Deoghar, P.O & P.S. Deoghar, District Deoghar (Jharkhand).
4. The Sub Divisional Officer, Madhupur, P.O & P.S. -Madhupur, District Deoghar (Jharkhand).
5. The Circle Officer, Madhupur, P.O & P.S. Madhupur, District Deoghar (Jharkhand).
6. Sri Bidhan Lal Das S/o Late Bimalendu Das resident of Kali Park, Rajarhat Gopalpur, P.O & P.S. Rajarhat, District 24 Parganas, Kolkata 700136 (W.B).
7. Mr. Sajid Shekh S/o Late Khalil Shekh resident of Khalasi Mohalla, Madhupur, P.O & P.S. Madhupur, District Deoghar (Jharkhand).
8. Abdul Rasid S/o Late Shaheb Mian resident of College Road, Patherchapti, Madhupur, P.O & P.S. - Madhupur, District - Deoghar (Jharkhand).
... Respondents
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CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE RAJESH SHANKAR
--------- For the Petitioner : Mr. Amit Kumar Verma, Advocate For the State
: Mr. Piyush Chitresh, A.C. to A.G.
--------- 13/Dated: 16.10.2025
1. Heard the parties. 2. The instant W.P. (PIL) has been filed for grant of the following substantive reliefs:-
“(i) For direction to the Resp. No. 3 i.e. The Deputy Commissioner, Deoghar to make an enquiry on the last representation dt. 12.10.2020 (Annexure-6) as per Sec. 4 (h) Bihar Land Reforms Act’ 1950 as the land pertaining to Jot No. 248 Ward No. IV measuring total area 3.82 acres of land situated in Madhupur, distt.- Deoghar has been given on lease by the Pathrol Estate in the year’ 1955 to one Kumudni Welfare Trust, West Bengal for the period of 50 years which has been elapsed in the year’ 2005 and moreover such lease has been made after coming into force of such Act’ 1950 which seems to be illegal and the Pvt. Resp. No. 6 namely Bidhan Lal Das represented himself as Director of such Trust executed a Power of Attorney on dt. 22.8.2016 (Annexure-2) in favour of Pvt. Resp. Nos. 7 and 8 who is now going to sell the entire property in question to other persons for personal gain which causes heavy loss to the State Government as the
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entire land should be vest in the State after enforcing of Act’ 1950; (ii) For direction to the Deputy Commissioner, Deoghar (Resp. No. 3) to conduct an enquiry on the aforesaid land in question as the land in question comes under suspicion as per Letter No.889 dt. 2/11/21 (Annexure-5 series) issued by S.D.O, Madhupur to C.O, Madhupur however L.P.C. has been issued without going into the provision of the aforesaid Act’ 1950 regarding such land and registry of such land is continue going on in the Registry Office, Deoghar instead of Registry office, Madhupur which seems to be a big land scam is going on regarding government land in the veil of Power of Attorney dt. 22.8.2016 (Annexure-2) and if the matter found true then take an immediate strict legal action against the persons who are engaged in such land scam;”
3.
Pursuant to the filing of the aforesaid W.P.(PIL), an enquiry was conducted by the L.R.D.C., Madhupur, on the basis of which it passed an order dated 03.05.2025, whereby and whereunder, he found that the land in question belongs to Kumudhini Welfare Trust, who is the owner and in the case of transferred land, the buyer will have the same right. In addition thereto, it was also found that it was the Trust, which was having the possession over the suit land. Once, such findings have been rendered by the Revenue Officer, it is not for the Court to substitute its view, especially when there is no material before it to take some contrary view. 4. Hence, we find no merit in this W.P.(PIL). The same is accordingly, dismissed. Pending application(s), if any, shall also stand
disposed of.
5. Needless to say that the aggrieved party, if any, may take recourse to lawful proceedings, if so advised.
(Tarlok Singh Chauhan, C.J.)
(Rajesh Shankar, J.) 16.10.2025 APK/VK