BHIM SEN MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner seeks a direction upon the respondents for the release of the amount of Rs. 19.800/- deposited in the Court of Land Reforms Deputy Collector, Seraikella in connection with Land Ceiling Case No. 01/2001-2002.

(3.) The facts of the case lie in a narrow compass. The petitioner purchased a piece of land comprising Plot No. 542 Khata No. 6 area 0.28 acre from Smt. Nanki Mahatani on a consideration of Rs. 18000/- by virtue of registered deed of sale dated 11-4-2000. One Pursuram Mahato of the same village filed an application under Section 16(3) of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 claiming transfer of land to him. He deposited the consideration amount along with 10% i.e. a total of Rs. 19800/- by treasury challan as required under the said provision. The Preemption Case being Land Ceiling Case No. 01 /2001 -2002 was allowed and the petitioner was directed to transfer the land in favour of the pre-emptor. The petitioner accordingly transferred the land in favour of the pre-emptor. Thereafter the petitioner filed an application for release/withdrawal of the amount which was deposited by the said pre-emptor. It is contended by the petitioner that till date the amount has not been released in his favour, rather on application filed by the petitioner, he was informed by the Additional Collector, Seraikella vide letter dated 25-9-2004 that the application has been forwarded to the Secretary, Revenue and Land Reforms Department, Ranchi vide letter No. 334 dated 13-7-2004 for necessary guidelines. A copy of the said letter has been annexed as Annexure-4 to the writ petition.