JANARDAN PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner claiming himself to be a lecturer in a local college having experience in social work and having concern for interest of public at large, has moved this Court.

(2.) HEARD learned counsel appearing for the parties and perused the documents on record.

(3.) IT is stated that the petitioner submitted an application on 10.11.2011 to the Deputy Commissioner, Pakur requesting inquiry into the illegal sale of public land and for taking action against the persons concerned. It is further stated that on 07.10.2011, the petitioner submitted an application under the Right to Information Act, 2005 seeking details of the land in question, but no information was furnished. The petitioner preferred an appeal on 16.07.2011 and he also made an application before the District SubRegistrar cum Public Information Officer, Pakur on 18.10.2011. The petitioner also submitted an application to the Circle Officer, Pakur under the Right to Information Act, 2005 seeking name of seller and purchaser of the land in Jamabandi No. 411, Daag No. 1291, total area about 2.11 Kathas. The information furnished to the petitioner revealed that the aforesaid land is not transferable in nature and therefore it cannot be sold. The petitioner made various applications in this regard however, only vague details were furnished to the petitioner. It is stated that the petitioner obtained some of the certified copy of the registered sale deeds which were registered by the Officer of the SubRegistrar, Pakur which reveals the illegal transfer of land which is specified for public use especially for 'Pokhar' to be used by public at large. It is also stated that on 06.08.2011, the Circle Officer, Pakur informed the petitioner that the land under Daag No. 1291 is a 'Pokhar' land and the same cannot be sold or purchased. In the aforesaid facts, the petitioner has filed the present public interest litigation seeking a direction upon the respondents for taking appropriate action for stopping illegal transfer of public land and for directing the respondents to strictly follow the provisions under Section 2035 and other relevant provisions of Santhal Parganas Tenancy Act, 1949. A further prayer for taking appropriate legal action against the government officials and the individuals who are responsible for sale and purchase of public land which are not transferable in nature, has also been made.