Bajrangi vs The State of Jharkhand and Others

S. Chandrashekhar, J.—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.

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.

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.

There is no dispute that on the basis of the report of Circle Officer, allotment made in favour of the petitioner has been cancelled vide order dated 22.7.2009. It is also not in dispute that a copy of the inspection report of the Circle Officer was not furnished to the petitioner nor a show-cause notice on the allegation of suppression of facts was issued to the petitioner. Since order dated 22.7.2013 visits the petitioner with serious civil consequences, before cancellation of allotment, a show-cause notice should have been issued to the petitioner. Accordingly Order dated 22.7.2013 is quashed and the matter is remitted to the Deputy Commissioner, Giridih who shall issue a show-cause notice to the petitioner with a copy of the enquiry report of the Circle Officer, Deori. The petitioner shall be permitted to respond to show-cause notice within four weeks and after considering the reply of the petitioner, appropriate order shall be passed by the Deputy Commissioner. Other prayers of the petitioner cannot be considered at this stage. The writ petition stands allowed in the aforesaid terms.