AI Structured Summary
Not yet generated for this judgment
Judgment
Heard counsel for the parties.
Petitioner has approached this Court for quashing of the entire proceedings in
relation to the Land Transfer Case No. 3/15-16 pending in the Court of Land
Reforms Deputy Collector, Dhanbad including the orders dated 08.03.2016 passed
by the Circle Officer, Dhanbad, whereunder recommendation has been made for
transfer of the plot bearing no. 195 area 55 decimal khata no. 35 of Mouza Bhuda,
Dhanbad. Pursuant thereto, Land Reforms Deputy Collector, Dhanbad has also
placed recommendation before the Additional Collector, Dhanbad vide order dated
11.03.2016. Consequential orders of restraint has also been sought for.
Having considered the submissions of the counsel for the petitioner and the
Respondent State, this Court is not inclined to enter into the merits of the claim
raised by the petitioner, at this stage, as no final determination on the question has
been made by any competent authority, in accordance with law. Petitioner is trying
to raise a plea that his raiyati land could not have been made the subject matter of a
proceeding for transfer to the Railways. Counsel for the Respondent State has
contended that inferior Revenue Authorities have after inquiry, recorded a finding
that the land is Gairawad land. As has been observed, there is no determination on
the question by the competent authority. Apart from laying challenge on the merits
of the case, no other grounds of lack of jurisdiction or malafide has been made out
by the petitioner. Therefore, it would only be proper that the matter be considered
and finally determined by the competent authority / Deputy Commissioner,
Dhanbad, in accordance with law, of course, after giving due opportunity to the
petitioner.
Accordingly, writ petition is disposed of without interfering in the matter, at
this stage.