Arbind Kumar Vs. Collectariate

Arbind Kumar vs Collectariate

Type Court Judgment Court Jharkhand Decided Jul 30, 2013

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https://sooperkanoon.com/case/1008011

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Citation: sooperkanoon.com/1008011
Court: Jharkhand High Court
Decided On: Jul 30, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Arbind Kumar

Respondent

Collectariate

Excerpt

.....the petitioner at the moment, however, has not been given any interim relief in respect of the plot no. 641 which are indicated in the notice dated 17th july, 2013 which was issued for execution of the earlier order for removal of encroachment. though the petitioner has tried to make out a case for interim protection, but in respect of plot no. 641 the decree relied upon by the petitioner also does not cover the said plot no.641. the title of the plaintiff under the said decree has been declared and his possession confirmed over the suit land except plot no. 733 & 641 area 37 and 44 decimals respectively. therefore the order of the appellate authority cannot be said to suffer on account of any error of law or fact. though the petitioner has tried to argue the case on merits before this court, but in the circumstances, that the appellate proceedings are pending before deputy commissioner, dhanbad and he has also passed interim order in respect of other plot in question, this court is not inclined to enter into the merits of the controversy for the reasons that not only such parallel proceedings should not be encouraged rather any observations made by this 2. court in the writ petition on merits may also prejudice the case of the parties before appellate authority. therefore, the writ petition is dismissed. however, the petitioner may pursue his grievances in the appellate forum before deputy commissioner, dhanbad. consequently, the i.a. no.5315 of 2013 also stands disposed of. (aparesh kumar singh, j) jk

Full Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 4355 of 2013 --- Arbind Kumar ...Petitioner -Versus- The State of Jharkhand & anr. .....Respondents. --- CORAM : HONBLE MR. JUSTICE APARESH KUMAR SINGH --- For the Petitioner : Mr.Indrajit Sinha, Adv. For the Respondents : M/s. Jai Prakash, A.A.G. & Mrs. Debolina Sen, J.C. to A.A.G. 02/30.7.2013 The petitioner's BPLE. Appeal No. 4 of 2013 is pending before the Appellate Authority-cum-Deputy Commissioner, Dhanbad against the order dated 25th June, 2012 passed by Circle Officer, Nirsa. The petitioner while preferring the appellate remedy against the order has also approached this Court in the present writ application. However, before the matter could be taken up by this Court, the Appellate Authority has granted stay in respect of eviction of plots mentioned in Title Appeal No. 33/95 claimed by the petitioner appellant. The petitioner at the moment, however, has not been given any interim relief in respect of the plot no. 641 which are indicated in the notice dated 17th July, 2013 which was issued for execution of the earlier order for removal of encroachment. Though the petitioner has tried to make out a case for interim protection, but in respect of plot no. 641 the decree relied upon by the petitioner also does not cover the said plot no.

641. The title of the plaintiff under the said decree has been declared and his possession confirmed over the suit land except plot no. 733 & 641 area 37 and 44 decimals respectively. Therefore the order of the appellate authority cannot be said to suffer on account of any error of law or fact. Though the petitioner has tried to argue the case on merits before this Court, but in the circumstances, that the appellate proceedings are pending before Deputy Commissioner, Dhanbad and he has also passed interim order in respect of other plot in question, this court is not inclined to enter into the merits of the controversy for the reasons that not only such parallel proceedings should not be encouraged rather any observations made by this 2. Court in the writ petition on merits may also prejudice the case of the parties before appellate authority. Therefore, the writ petition is dismissed. However, the petitioner may pursue his grievances in the appellate forum before Deputy Commissioner, Dhanbad. Consequently, the I.A. No.5315 of 2013 also stands disposed of. (Aparesh Kumar Singh, J) jk

Same Court & Year Jharkhand · 2013 Same Parties Arbind Kumar vs Collectariate Same Subject Land Acquisition

Land Acquisition Deputy Commissioner In respect of Interim order high court The State Has been