Basant Kumar Agarwal vs State Of Jharkhand And Ors

This writ petition is under Article 226 of the Constitution of India for quashing of entire proceeding of Misc. Lease Case No.10(1)/2018-19 as contained under Annexure-1.

Mr. Indrajit Sinha, learned counsel has put his appearance through Caveat being Caveat No.84 of 2019 to represent one Barium Singh @ Wariyam Singh stating inter alia that he is necessary party and as such is required to be heard before passing any order in the instant writ petition.

Mr. Ayush Aditya, learned counsel for the petitioner submits on instructions that the petitioner has been noticed in pursuance to the proceeding initiated for settlement of the aforesaid land in favour of one Rajendra Singh and 95 others in whose favour the land has been recommended to be settled.

The contention is that the land has been shown to be vested in the State after its abandonment but the said abandonment having been questioned by the petitioner has been found to be not sustainable in the eye of law, therefore, the entire proceeding is improper.

However, he submits that since notice has been issued, therefore, he may be allowed to bring all these facts into the notice of the concerned authority under whose signature the notice has been issued so that appropriate adjudication may be made.

Mr. Indrajit Sinha, learned counsel appearing for the caveator as also the learned counsel appearing for the State have raised no objection to such submission of the learned counsel for the petitioner.

In view of such submission and without entering into the merits of the claim of the petitioner, the writ petition is disposed of giving liberty to the petitioner to file objection in terms of the show cause notice issued to him.

If such response would be given by the petitioner within three weeks from the date of receipt of copy of the order, the same would be adjudicated by the concerned authority within a period of 12 weeks from the date of receipt of such objection in accordance with law after hearing the affected parties, if any.

Accordingly, Caveat No.84 of 2019 also stands disposed of.