LAWS(JHAR)-2010-5-189

SITARAM @ SITARAM MAHTO Vs. STATE OF JHARKHAND

Decided On May 14, 2010
SITARAM @ SITARAM MAHTO; SEWARAM MAHTO Appellant
V/S
STATE OF JHARKHAND; DEPUTY COMMISSIONER, RANCHI Respondents

JUDGEMENT

(1.) Before learned counsel for the petitioners argues in detail that the predecessors, in title, of the petitioners are the purchasers of the property in the year 1963-64 and despite the fact that the land acquisition notification, issued by the respondent-State, has been quashed in the earlier writ petition, the name of the petitioners have not been mutated in the revenue entries for the land, in question, it is fairly submitted by learned counsel for the respondents that now a supplementary counter affidavit of the Principal Secretary of the Revenue and Land Reforms Department, State of Jharkhand, Ranchi has already been filed, wherein, it has been stated that the process of mutation of the names of the petitioners in the revenue entries have already been started and it will be completed within a period of three months.

(2.) In view of the aforesaid submissions and looking to the supplementary counter affidavit, filed by the Principal Secretary of the Revenue and Land Reforms Department, State of Jharkhand, Ranchi especially paragraph 8 thereof, I hereby direct the Additional Collector (Ceiling), Ranchi to dispose of the Miscellaneous Case no. 01/2004-05, initiated at the level of the Circle Officer, Burmu, Jagarnathpur, Ranchi, for mutation of the names of the present petitioners for the land, in question, mainly for the reason that initially a notification was issued under Section 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 was quashed and set aside by the order of this Court vide order dated 10th May, 2004 in C.W.J.C. No. 3312 of 1993 (R), which is at Annexure-1 to the memo of petition. Thus, the land, in question, is now no more in the ceiling area and, therefore, the proceeding of the mutation of the names of the present petitioners must be completed within a period of three months from the date of the receipt of a copy of the order of this Court.

(3.) The petition is, hereby, disposed of, in view of the aforesaid observations and directions.