2012 (3) AIR Jhar R 232 ::(2012) 3 JCR 117 (JHA)

Jharkhand High Court

Hon'ble Judge(s): Poonam Srivastav , J

( A ) Bihar Land Reforms Act (30 of 1950) S. 4 (h) — Settlement or Lease of land — Powers of Collector to make inquires — Impugned order only mentions that direction has been received for staying issuance of receipt in respect of certain khata — Evidently no inquiry has been conducted — Short and cryptic order was passed without applying mind on the basis that land in question is Gair Mazarua khas — It is not a case that the land is Gair Mazarua Aam and belong to the public or used for any public purpose — Evidently no inquiry has been conducted — No opportunity of hearing was given to petitioner — Impugned order is liable to be quashed — Respondents directed to accept rent from petitioners and issue rent receipt till an inquiry or investigation is validly made by competent authority. (Paras101112)