High CourtsSingle Bench(2024) 09 JH CK 0090

Harihar Prasad vs State Of Jharkhand `

Jharkhand High Court · Decided on 9 September 2024

HON’BLE JUDGES
Sanjay Kumar Dwivedi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 4886 Of 2024

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Judgment

8 paragraphs · 290 words

Sanjay Kumar Dwivedi, J

1.

Heard learned counsel for the petitioner as well as the learned counsel for the respondent State and learned counsel for the respondent Central Coalfields Limited (CCL).

2.

The prayer in this petition has been made for quashing of the letter dated 14.07.2024 contained in Annexure-9 passed by respondent no.8 whereby respondent no.8 has directed the petitioner not to create any disturbance in excavation work on the land in question bearing mouza Chamatu, Thana Balumat, District Latehar, Khata No.213, Plot No.2509, 2514, 2515, 2517 and 2359.

3.

Learned counsel appearing on behalf of the petitioner submits that the aforesaid land is ancestral land of the petitioner and proceeding under section 87 of Chotanagpur Tenancy Act, 1908 is allowed by the order dated 08.08.2019 and the decree was prepared in favour of the petitioner and in spite of that the respondent CCL are saying that the said land has been acquired and for that the petitioner has appeared before the respondent CCL and no decision has been taken.

4.

Learned counsel for the respondent State as well as respondent CCL jointly submit that the petitioner may move before the respondent no.8 who will look into the matter and can pass the appropriate order in accordance with law.

5.

In view of above, this petition is being disposed of directing the petitioner to file a fresh petition/ representation within two weeks before the respondent no.8 annexing all the credentials including the decree to show his bona-fide, which will be considered by the respondent no.8 and will pass appropriate order in accordance with law within a period of four weeks further thereafter.

6.

This petition is accordingly disposed of.

7.

Pending petition if any also stands disposed of accordingly.