BANWARI LAL AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the petitioners have prayed for a direction on the respondents to issue No Objection Certificate to the petitioners with respect to the lands belonging to Mouza Ghatbai, P.O. and P.S. Bermo, District Bokaro.

(2.) IT has been stated that the petitioners name in respect of the said lands, measuring 18.31 acres, were mutated and the jamabandi has been running in their names. The said lands belonging to the petitioners are under the process of acquisition for the purpose of Bharat Coking Coal Ltd. and the petitioners required No Objection Certificate for the purpose of their claim for compensation before the concerned authorities. The petitioners applied for No Objection Certificate before the Additional Collector, Bokaro, but instead of issuing the said certificate to the petitioners, he referred the matter to the Deputy Commissioner, Bokaro. The Deputy Commissioner, Bokaro after making necessary enquiry held that the petitioners are jamabandi raiyats and their names have been running in the revenue records since 1933. In spite of the said order, the Additional Collector is not issuing the require No Objection Certificate. It has been stated that for the same purpose and in similar circumstance, the Additional Collector, Bokaro has issued No Objection Certificate to other raiyats, which have been brought on record as An -nexure -8 series. The Additional Collector is neither disclosing any reason nor issuing No Objection Certificate to the petitioners. The petitioners, who are bona fide raiyats. are likely to be seriously prejudiced, if they will not be able to submit No Objection Certificate before the concerned authorities.

(3.) MR . A.K. Sinha, learned Counsel, appearing on behalf of the petitioners submitted that the allegation of the respondents that the lands are Gairmazarua and do not belong to the petitioners, is contrary to the entries of their names in the revenue records. It has not been denied that the jamabandi in respect of the said lands has been running in the names of the petitioners and before them in the name of their ancestors for several decades. Similar objection was earlier raised, which led to the enquiry by the Deputy Commissioner, who after thorough enquiry and consideration on all aspects held that the jamabandi in respect of the said lands has been running in the names of the petitioners and their ancestors since much before 1946. Learned counsel submitted that the Additional Collector has issued No Objection Certificate to the similar situated persons, but arbitrarily alleging in the case of the petitioners that there is no provision for issuing such certificate. The petitioners names have been recorded in the revenue register and the jamabandi in respect of the said lands is running in the names of the petitioners. The Deputy Commissioner has observed that there was no occasion for the Additional Collector to contend that the petitioners have no right, title, interest or possession and there is no provision for issuing No Objection Certificate. The said version of the Additional Collector goes to show his mala fide and hostile attitude towards the petitioners.