RAJ KUMAR
Ranchi, April 13: Taking strong exception to the disregard of the Supreme Court order by the circle officer in Nagri, the Jharkhand High Court has directed the Cabinet Vigilance Commissioner to assess the properties acquired by former Nagri Circle officer, Ranchi Additional Collector and their relatives and friends under the Prevention of Corruption Act.
The order delivered by the court of Justice Kailash Prasad Deo on March 22, was uploaded today on the Jharkhand High Court website. The court found these officers of flouting the orders of the Supreme Court. The person who got relief from the order is Mohammed Julfan Ansari, a resident of Pundag.
“This Court has no confusion in observing that the Circle Officers/ Additional Collectors/ Revenue authorities have no respect for the orders passed by the Co-ordinate Bench affirmed by the Division Bench of this Court and also affirmed by the Supreme Court of India, as such, they are not only taking law in their hands, rather they are also attracting proceeding under Contempt of Court’s Act for disobeying and acting against the order passed by the Supreme Court,” the Jharkhand High Court observed.
The case had arisen in 2006 following the cancellation of ‘Jamabandi’ in favour of Ansari and thus the court giving relief to Ansari observed that the revenue officials have no authority under law to pass any order putting hindrance in his peaceful possession.
“As such, this court is of opinion that once the matter has already been settled up to the Supreme Court, it would not be proper for the Single Judge to pass an order afresh, except that the order of the Single Judge passed in W.P. (C) No. 119/2006 has been affirmed by the Division Bench of this Court as well as by the Supreme Court, as such, revenue authority has no authority under the law to pass any order putting hindrance in peaceful possession of the petitioner,” the court observed.
The high court took strong exception to the way the revenue authorities of the state put Ansari in trouble and made him run from pillar to post for justice and quashed the proceedings going on in the matter in the court of DC (LR).
“Since considering the same, that once the order of cancellation of
jamabandi has been quashed by this Court, affirmed by the Division Bench and upheld by the Apex Court, the initiation of proceeding under Section 4(h) of Bihar Land Reforms Act, 1950, is not sustainable in the eyes of law. The Coordinate Bench has already granted liberty to the State in previous Writ Petition vide W.P.(C) No.1119 of 2006 that the State may take legal recourse before the competent court of law, as such, the entire proceeding requires to be quashed. Accordingly, the entire proceeding of Misc. Case No.7/2010-11, T.R. No.94/2010-11 (Annexure-16) pending in the Court of Deputy Collector, Land Reforms, Sadar, Ranchi is hereby quashed,” the order reads.
The high court directed to issue land receipt and restrain the state from any legal proceedings against the petitioner in the matter.
“However, the respondent(s)- State is duty-bound to issue rent receipt and
further, the State cannot proceed against the petitioner without declaration of title of land, in question from the competent Court having civil jurisdiction, as directed by the Court in terms of order dated 09.08.2006 passed in W.P.(C) No.1119 of 2006,” the order reads.
The court allowing the petition directed the Deputy Commissioner, Ranchi to ensure that rent receipt must be issued in favour of the petitioner within a period of 30 days from the date of order and no action can be taken by the State authorities until the competent court of civil jurisdiction declares that petitioner has no right over the land, in question.
Ensuring legal action for disregard of court orders the high court directed the revenue authorities i.e. Secretary/ Principal Secretary, Land Revenue, Government of Jharkhand to initiate a departmental proceeding against Baidyanath Kamti, S/o Chintamani Kamti, the then Circle Officer, Nagari, Ranchi, who has taken such plea without agitating the same before the competent court of law.
The court also directed for departmental proceedings.
“Further, Baidyanath Kamti, S/o Chintamani Kamti, the then Circle Officer, Nagari, Ranchi and the Additional Collector,Ranchi against whom the Co-ordinate Bench has already observed vide its order dated 09.08.2006 passed in W.P.(C) No.1119 of 2006 as well as the Additional Collector, Ranchi who has directed the Circle Officer, Ratu vide Letter No.3634 II dated 26.08.2010 to initiate proceeding under Section 4(h) of the Bihar Land Reforms Act, if they are in service, their accumulated wealth/ properties in the name of these persons/their relatives/ friends shall be examined, in accordance with law, from the date of joining till the date under the Prevention of Corruption Act as well as by initiating a departmental proceeding, in accordance with law,” the court order said.
The court directed the Chief Secretary to ascertain the name of the Additional Collector, whose name has been referred in W.P. (C) No. 1119/2006 and the name of the Additional Collector, whose name has been mentioned in Letter dated -3634(ii) dated 26.08.2010 and recommend the case before the Commissioner, Cabinet Vigilance, Jharkhand for assessment of their accumulated assets from the date of their joining till the date of initiation of proceeding.
