Jhar HC | Petitioners evicted without the inspection of documents; matter remitted to the Circle Officer for inspection of documents

Jharkhand High Court

Jharkhand High Court: Sujit Narayan Prasad, J, remitted the matter to the Circle Officer, Ranchi with a direction to consider the documents submitted by the petitioners and take a decision in this regard within one week.

In the pertinent case, the petitioner moved to this Court against the eviction notices issued by the Circle Officer, Ranchi.

The counsel for the respondents submitted that the nature of the land is Gairmajuruwa malik of Kism Jungle Majhola and in spite of opportunity having been given to the petitioners, the documents have not been furnished.

The counsel for the petitioner submitted that in pursuance to the notices, sufficient documents have been furnished in order to establish their right over the land in question but without getting it adjudicated it has been referred that no such documents have been placed as required, which is absolutely incorrect since it would be evident from Annexure-2 that the documents have been submitted by the petitioners which have duly been acknowledged in the office from where the notices have been issued and as such, the action of the authorities are absolutely illegal and improper.

In view of the above, the Court held that the required consideration of the said document ought to have been made by the authority concerned but having not done so rather making a reference in the impugned notices that documents, as required to be submitted, have not been produced, hence, the authority came to the conclusive finding that the nature of land is Gairmajuruwa malik of Kism Jungle Majhola. Hence, the court has remitted the matter to the Circle Officer to adjudicate the aforesaid documents and take a decision within a week.[Ainul Haque v. State of Jharkhand, 2019 SCC OnLine Jhar 1113, decided on 19-08-2019]

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