KAUSHALYA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the notice dated 04.02.2017 issued under the signature of Circle Officer, Pirtanr, Giridih has been assailed by which the petitioner has been directed to deposit a sum of Rs.21,53,182.50/- inclusive of the penalty on account of using the land for the purpose of fuel outlet by changing the nature of land from agriculture to non-agriculture.

(2.) Mr. Prakash Chandra Roy, learned counsel for the petitioner has submitted that the impugned notice has been issued without providing any opportunity of hearing to the petitioner and as such the same is not sustainable. His further submission is that since the opportunity of hearing was not given, therefore, the said fuel outlet has been installed in an area of 0.28 acres as would appear from No Objection Certificate issued by the District Magistrate as contained under Annexure-3 to the writ petition but it is evident from the order passed by the authority casting liability upon the petitioner basing upon the audit report submitted by the office of Principal Accountant General, Jharkhand, Ranchi wherein the nature of land said to have been changed is 46 1/2 decimal while actually it is 28 decimal, therefore, if the opportunity would have been granted to the petitioner before casting liability upon the petitioner of such a huge amount, the same could have been brought to the notice of the authority concerned.

(3.) Mrs. Chandra Prabha, learned SC-I assisted by Mr. Vishal Kumar Rai, learned AC to SC-I appearing for the State of Jharkhand has submitted by referring to the stand taken by the State respondent in the counter affidavit that the nature of land is agricultural but the petitioner after its purchase has converted its nature from agriculture to that of non-agriculture. The specific stand has been taken by the State-respondent that under the Khas Mahal Manual, the nature of land cannot be changed and if it has been changed, the concerned will have to make payment of an amount by way of Salami and as such, since the petitioner admittedly has changed the nature of land from agriculture to non-agriculture by installing the fuel outlet and the same has came into surface in an audit report of the Principal Accountant General, putting reliance upon the same, the Circle Officer has taken action by calculating the amount of Rs.21,53,182.50/-, to be paid by the petitioner to the State Exchequer and therefore, there is no illegality in the impugned order.