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Judgment
Heard the learned counsel appearing on behalf of the petitioner, the learned counsel appearing on behalf of the respondent State as well as the learned counsel appearing on behalf of the respondent-State of Bihar.
This writ petition has been filed under Article 226 of the Constitution of India for quashing of the Order dated 10.05.2012 as contained in Annexure -14 passed by the Deputy Commissioner, Hazaribagh in Settlement Case No.07/08-09 whereby he has been pleased to reject the petitioner’s claim for settlement of 9½ decimals of land as contained in Annexure-1 in favour of the petitioner.
Learned counsel for the petitioner submits that the petitioner is a religious Trust and has been registered as such under the provisions of Bihar Hindu Religious Trust Act, 1950. He next submits that for the performance of certain religious function, commonly known as ‘Panduk Shila’ for followers of Digambar Jain, which is a religious sect, the petitioner and its members had been using the land measuring 9 ½ decimals of land comprised within Plot No.695/1097 under Khata No.204 of Village-Cantt in the Town of Hazaribagh since more than last 100 years. He next submits that the lands were being used by the petitioner for performance of its religious functions for the last more than 100 years, therefore, the petitioner considered it fit and desirable to make an application on 17.04.1986 through it’s the then Secretary, claiming settlement of the said land by way of Annexure-1. He next submits that the application for settlement was duly recommended by the Deputy Commissioner, Hazaribagh/ Respondent No.3 and accordingly the petitioner was called upon to deposit 10 % of the scheduled Salami of Rs.38,000/- in the Government Treasury as contained in Annexure-2. He next submits that the petitioner has duly deposited the said amount of Rs.38,000/- in the Government Treasury on 06.09.1990 as contained in Annexure-3. He also submits that thereafter the claim for settlement was placed before the Commissioner, North Chhotanagpur Division, Hazaribagh, who also approved the grant of settlement in favour of the petitioner on the condition that the Salami would be Rs.38,000/- and the annual rental shall be Rs.760/- with an option of renewal as contained in Annexure-4. He next submits that the State Government sought some clarification from the Deputy Commissioner, Hazaribagh regarding the basis for valuation of the lands for settlement whereupon the Deputy Commissioner, Hazaribagh, by terms of letter no.8 dated 27.02.1992, addressed to the Joint Secretary, Revenue and Land Reforms Department, Government of Bihar, informed the latter that the amount of settlement had been calculated on the basis of the sale figures of the previous three years as contained in Annexure-5. He next submits that the Government of Bihar had taken a decision to grant approval, and thereafter, in the meantime, the provisions of Bihar Re-organization Act, 2000, were enacted and the State of Jharkhand was constituted with effect from 15.11.2000. He next submits that the petitioner all along has persuaded the matter with the Deputy Commissioner, Hazaribagh, and by way of filing representation dated 07.11.2006 as contained in Annexure-6. He next submits that when no decision was taken, the petitioner was compelled to file Writ Petition (Civil) before this Court in W.P.(C) No.6582 of 2007 and he next submits that the said writ petition was disposed of by the order dated 31.07.2008 after taking note of the same and direction has been issued to the concerned department of the State of Jharkhand to ensure that the matter concerning settlement of the lands in favour of the petitioner for religious Trust is decided without any further delay within a period of four months from the date of submission of a copy of the said order. He next submits that, however, the same was not decided and thereafter the petitioner was compelled to file contempt proceeding before Contempt Case (Civil) No.398 of 2011 before this Court and in the said contempt proceeding, the Deputy Commissioner, Hazaribagh had filed a show cause wherein at paragraph no.14 he has stated that once the State Government will give its approval, the same will be passed by the Deputy Commissioner and in the previous paragraph being paragraph no.13 of the said show cause, it has been stated that the Divisional Commissioner, North Chhotanagpur Division, Hazaribagh has already granted the approval. He next submits that by the impugned order, the Deputy Commissioner has been pleased to reject the claim of the petitioner only on the ground that once the interim order has been passed by the Hon’ble Supreme Court in Special Leave to Appeal (Civil) No.8519 of 2006. He next submits that the said S.L.P has been further disposed of by the Hon’ble Supreme Court by the judgment dated 31.01.2018. He next submits that by way of disposing of the said writ petition, the Hon’ble Supreme Court has asked the State Government to examine the renewal cases and also to frame the policy on removal, re-allocation and regularization. He next submits that, in view of the disposal of the said S.L.P (Civil), now the State of Jharkhand is required to take further decision as the petitioner is also on the said land since more than 100 years.
Learned counsel appearing on behalf of the respondent State of Bihar submits that the State of Bihar has already made the approval earlier and now the State of Jharkhand has to take a decision on the same.
Learned counsel appearing on behalf of the respondent State of Jharkhand submits that the said S.L.P(Civil) has been disposed of by the Hon’ble Supreme Court by the order dated 31.01.2018 with certain direction and all the territorial High Courts were directed to look into the matter of encroachment regarding religious places. He next submits in view of that, the Deputy Commissioner, Hazaribagh has rightly passed the said order. He also submits that the petitioner was found to be encroacher in the year 1982-83.
On query made by the Court to the learned counsel appearing for the respondent State as to what Policy has been framed by the Government of Jharkhand, and further any order of the High Court is there, he is not aware of these two things.
In view of the above facts in light of the documents contained in the writ petition, it is clear that recommendations for settlement in favour of the petitioner was already made up to the Divisional Commissioner, which is apparent from paragraph nos.13 and 14 of the show cause filed in the contempt proceeding by the Deputy Commissioner, Hazaribagh and in paragraph no.14 of the said show-cause, the Deputy Commissioner has further stated that once the approval from the State Government will be received, the same will be settled in favour of the petitioner, which clearly suggest that the authorities have taken all these steps pursuant to the prima-facie finding the case of the petitioner to be correct. It has been pointed out that the petitioner is in occupation of the said land since more than 100 years and the learned Deputy Commissioner has been pleased to reject the application subsequently only on the interim order of the Hon’ble Supreme Court passed in Special Leave to Appeal (Civil) No.8519 of 2006 and there is no finding in the impugned order of the encroachment by the petitioner and in the said order, it has also been noted that the approval up to the learned Divisional Commissioner has already been provided in favour of the petitioner on 27.10.2011 and now the Hon’ble Supreme Court has been pleased to dispose the said writ petition with direction to the State Government as well as the Union Territories to frame a Policy on removal, re-allocation and regularization, however, the learned counsel for the State is not in a position to state before the Court that any Policy with regard to the said direction has been issued by the State, and the parties are also not knowing with regard to any proceeding which is pending relating to the direction issued by the Hon’ble Supreme Court in the High Court. Admittedly, the interim order has been passed by the Hon’ble Supreme Court in the aforesaid Special Leave to Appeal (Civil) and only on the basis of the interim order of Hon’ble Supreme Court, Deputy Commissioner has rejected the claim of the petitioner and in the aforesaid background, the matter is required to be re-considered by the Deputy Commissioner, Hazaribagh as no reason has been given as to why the petitioner is not entitled for settlement. The argument has been made that the petitioner was an encroacher and a proceeding was initiated in the year 1982-83 wherein the Divisional Commissioner has approved the said settlement on 27.10.2011, and that is much later of the said proceeding, and in the attending facts and circumstances of the instant case and for the reasons and analysis as aforesaid, the impugned order dated 10.05.2012 is, hereby, quashed and set-aside.
The matter is remanded back to the Deputy Commissioner, Hazaribagh who is respondent no.3 in this writ petition to take a fresh decision in the aforesaid background and if necessary, the Deputy Commissioner may call the representative(s) of the petitioner-herein, and the said decision shall be taken within a period of 12 weeks from the date of receipt/ production of a copy of this order.
This writ petition being W.P.(C) No.7678 of 2012 is allowed in the above terms and disposed of.
Pending petition, if any, also stands disposed of.