Sanjay Ravidas vs State Of Jharkhand & Ors

The matter has been heard through video conferencing with the consent of the learned counsel for the parties.

The writ petition has been filed under Article 226 of the Constitution of India, challenging the order dated 11.03.2013 passed by revisional jurisdiction

in R.M.R No.01 of 2005-06, whereby and whereunder the order passed by the Deputy Collector Land Reforms in Misc. Case No.13 of 2004- 05

dated 10.12.2004 has been quashed and set aside.

The brief fact of the case, as would appear from the pleading made in the writ petition reads hereunder as:

The writ petitioner claims to be son of one Lootan Ravidas, who had filed an application under Section 19 of the Santhal Pargana Tenancy Act, 1949

for division of holding and distribution of rent. The aforesaid application was disposed of by the Sub Divisional Officer, Godda in R.M. Case No.13 of

2004-05 vide order dated 20.12.2004.

The Eastern Coalfield Limited assailed the aforesaid order before the Deputy Commissioner under its revisional jurisdiction, inter alia, on the ground

that the portion of the land which is being claimed by the writ petitioner, for which the appropriate order had been passed under the S.P.T. Act, has

actually been acquired in entirety in Land Acquisition Case No.118 of 1981 under the provision of the Land Acquisition Act, 1984. A proceeding was

initiated and Award was prepared in the name of the father of the petitioner namely, Makhan Ravidas and the amount of compensation was duly been

paid to Makhan Ravidas as also the employment had been provided under the policy of rehabilitation to the displaced person under the land losers

scheme. The revisional authority had issued notice to the writ petitioner. The said Makhan Ravidas had also intervened in the aforesaid proceeding

and in course of hearing, it transpired to the revisional authority that the writ petitioner is not the son of Lootan Ravidas rather he is son of Makhan

Ravidas and as such, he has quashed and set aside the order passed by the Sub Divisional Officer, Godda.

Being aggrieved with the aforesaid order dated 11.03.2013 passed by the revisional authority, the instant writ petition has been filed invoking the

jurisdiction conferred to this Court under Article 226 of the Constitution of India.

Mr. A. K. Rashidi, learned counsel for the petitioner has submitted that actually the claim which has been agitated by the Eastern Coalfield Ltd, one of

the respondents herein that the entire land has been acquired by the State Government for initiating a proceeding under the Land Acquisition Act, is

not correct and since the part of the land has not been acquired under Section 19 of the Santhal Pargana Tenancy Act, 1949 upon following due

procedure, order has been passed by the Sub Divisional Officer, Godda. But the aforesaid aspect of the matter has not been appreciated by the

revisional authority.

Mr. Rajesh Lala, learned counsel for the Eastern Coalfield Ltd., has reiterated the stand which has been agitated before the revisional authority as per

the impugned order. He submits that since the entire land has been acquired by initiating a proceeding under the Land Acquisition Act, 1894, in

pursuance thereto, the Award has been prepared and the amount of compensation as also the employment has been provided, as such there is no

question of division of holding and distribution of rent as has been passed under Section 19 of the S.P.T. Act.

Mr. P.C Roy, learned counsel for the State has submitted that actually the entire land has been acquired for the purpose of handing over it to the

Eastern Coalfield Limited under the S.P.T Act, 1894.

Before proceeding with the matter, he submits by going through the finding of the revisional authority wherein the Awardee, Makhan Ravidas has

intervened with the proceeding and has taken stand therein that he actually is the father of the writ petitioner and the entire land has been acquired, for

which the adequate compensation as also the employment has been provided and, therefore, an enquiry is required to be conducted with respect to the

conduct of the writ petitioner before proceeding further. He further submits that even accepting the claim of the writ petitioner for division of holding

and distribution of rent to be there since an award has been passed under the provision of Land Acquisition Act, 1894 compensating the Awardee,

namely Makhan Ravidas to hand over it to the Eastern Coalfield Ltd., there cannot be interference by the High Court under Section 226 of the

Constitution of India by making interference in the Award duly been prepared by the competent authority by initiating a proceeding under the Act,

1894.

This Court has heard learned counsel for the parties and after considering the same as also considering the stand of Makhan Ravidas, who has

intervened before the revisional authority, deem it fit and proper before proceeding on merit, to direct the Deputy Commissioner, Godda to conduct an

enquiry about parental status of the petitioner as to whether he is son of Lootan Ravidas or Makhan Ravidas.

In view thereof, the Deputy Commissioner is directed to conduct an enquiry by calling upon the writ petitioner as also other necessary persons to

whom the Deputy Commissioner deem fit and proper to examine, and relevant documents for reaching to right conclusion on the issue aforesaid.

Such report shall be submitted by the Deputy Commissioner within a period of four weeks from the date of receipt of copy of the order.

Mr. P.C. Roy, learned S.C (L & C) is directed to communicate this order forthwith to the Deputy Commissioner, Godda in a sealed cover.

Let the matter be listed after six weeks on 19.02.2021. This Court, further deem it fit and proper, by taking into consideration the fact that Makhan

Ravidas has intervened before the revisional authority, to implead the said Makhan Ravidas as respondent. Accordingly, this Court direct the learned

counsel for the petitioner to implead Makhan Ravidas as party respondent. Such correction will be made in the writ petition by Monday i.e.

11.01.2021.

Let notice be issued to Mr. Makhan Ravidas, newly added respondent through registered post with A/C as well as ordinary post, for which requisites

etc. must be filed within a week.