NIPEN CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned senior counsel appearing for the petitioners submitted that the petitioners are the owners of plot nos. 2050, 2078, 2079, 2081 and 2088 of Khata no. 69, Mouza no. 12, Village- Kolakusma, District- Dhanbad. It is also submitted by learned senior counsel for the petitioners that the petitioners are in possession of the aforesaid properties since 1942 and though their names are also reflected in the revenue entries, without looking to the revenue entries, the Circle Officer, Dhanbad had mechanically issued a notice at Annexure-4 to the memo of petition. It is further submitted that had any care been taken by the Circle Officer, Dhanbad, looking to the revenue entries, the notice, at Annexure-4 would not have been issued to the petitioners and, hence, the notice at Annexure-4 deserves to be quashed and set aside.

(2.) Learned counsel appearing for the respondent-State submitted that the Circle Officer, Dhanbad is present in the Court with the original records and it appears from the original records that one Shri Madan Lal Agarwal has already declared the aforesaid lands as surplus land under the Urban Land (Ceiling and Regulation) Act, 1976 and under Sub-section (1) and Sub-Section (3) of Section 10 of the Urban Land (Ceiling and Regulation) Act, 1976, notifications have already been published and the lands, in question, are now vested in the Government and, therefore, notice at Annexure-4, was issued by the Circle Officer, Dhanbad before taking any decision against the right, title or interest of the petitioners. Nonetheless, it is fairly submitted by learned counsel appearing for the respondent-State that notice at Annexure-4 will be decided within a period of two weeks, in accordance with law and after giving an adequate opportunity of being heard to the petitioners or to their representatives and meanwhile no coercive steps shall be taken by the respondent-State against the present petitioners.

(3.) In view of the aforesaid submissions and looking to the documents on record as well as Annexure-4, which is only a notice to get further informations from the petitioners, I hereby direct the Circle Officer, Dhanbad to decide the purport of notice at Annexure-4, within a period of two weeks from the date of receipt of a copy of the order of this Court.