RANCHI, India, Sept. 17 -- Jharkhand High Court issued the following order on Aug. 18:
1. The present writ petition has been filed for the following reliefs :-
"(a) for issuance of an appropriate writ or a writ of or in the nature of writ of Mandamus directing and commanding upon the respondents concerned not to violate the proviso laid down under section 46(1)(b) of Chotanagpur Tenancy Act and also to safeguard the interest of the petitioner in his raiyati land recorded under Khata No.169 bearing Plot No.734 area 145 decimals, Plot No.735 area 64 decimals, Plot No.736 area 51 decimals and Plot No.737, area 50 decimals, plot No.738 area 46 decimals and plot No.739 area 96 decimals. total area measuring 452 decimals equivalent to 13.70 Bigha situated at mouza Dobo, Revenue Thana No.331, Halka No.2, P.S. Chandil, District-Seraikella Kharswan, which is violative of Articles 14, 21 and 300A of the Constitution of India and also is in utter violation of the principle of natural justice.
(b) RULE NISI for issuance of an appropriate writ in the nature of writ of prohibition commanding upon the concerned respondents directing them not to take arbitrary action as they are sitting idle and silent spectator allowing the Respondents No.6 and 7 for making construction in the ancestral land of the petitioner without exhausting the due process of law."
2. It has been pointed out by the learned counsel for the State that there is an alternative, efficacious and statutory remedy is available with the petitioner in the form of Section 48 of the Chotanagpur Tenancy Act.
3. In view of the above submission of learned counsel for the State, learned counsel for the petitioner seeks permission. to withdraw the present writ petition with a liberty to work out his remedy before the appropriate forum.
4. With the aforesaid liberty, the present writ petition is, hereby, disposed of.
5. Pending interlocutory application, if any, stands also disposed of.
Disclaimer: Curated by HT Syndication.
