BAJRANGI Vs. THE STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Aggrieved by order dated 22.7.2013 by Deputy Commissioner, Giridih whereby, the parwana issued in favour of the petitioner has been cancelled, the present writ petition has been filed. The learned counsel for the petitioner submits that, without serving a copy of the report of the Circle Officer and without issuing a show -cause notice, the allotment in favour of the petitioner has been cancelled.

(2.) The learned counsel for the respondent -State of Jharkhand refers to stand taken in the counter -affidavit and submits that, the petitioner suppressing the fact that he is not a landless person, obtained allotment in his favour and therefore, no show -cause notice was required to be issued to the petitioner.

(3.) From the materials brought on record I find that there is no dispute in so far as, allotment in favour of the petitioner vide Bandobasti Case No. 2 of 2005 -06, is concerned. A copy of Parwana issued in the said case has been annexed vide Annexure -3 to the writ petition. The petitioner has asserted that the land comprised in Thana No. 536, Khata No. 71/1 in Plot No. 1522/1 was delivered to him and rent receipt was issued in his favour. These facts have not been disputed by the respondent in the counter -affidavit however, a plea has been raised by the respondent that the petitioner got allotment in his favour by suppressing the fact that he possesses 128 decimals land.