Jharkhand High Court
Kaleshwar Sao vs The State Of Jharkhand & Ors on 16 February, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P.(C) No. 3188 of 2019
........
Kaleshwar Sao .... ..... Petitioner
Versus
The State of Jharkhand & Ors. ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Petitioner : Mr. Rajeeva Sharma, Sr. Advocate.
: Ms. Raj Lakshmi Mishra, Advocate.
For the Respondents/State : Mr. Kishore Kumar Singh, S.C.-VI
........
05/16.02.2022.
Heard, learned counsel for the parties.
Learned senior counsel for the petitioner, Mr. Rajeeva Sharma
assisted by Mrs. Raj Lakshmi Mishra has submitted that the petitioner has
preferred this writ petition on 26.6.2019 for quashing the order dated
24.04.2018 passed by Deputy Commissioner, Giridih (respondent No.2) in
Encroachment Case No.06/2016, whereby the Deputy Commissioner has
upheld the order dated 01.06.2015 passed by the Circle Officer,
Dhanwar(Respondent No.3) in Land Encroachment Case No.01/2014-15 /
Misc. Case No.12/14-15.
Learned senior counsel for the petitioner has submitted that the land
of Mouza- Karudih, Khata No.50, Plot Nos.409 was settled by the ex-
landlord in favour of the grandfather of the petitioner Dilo Nayak by way
of settlement having area 1 acre 8 decimal in the year 1943. The said patta
has been brought on record as Annexure-3. Consequent thereupon return
was filed by the Ex.-Jamindar in respect of the petitioner's land granted by
patta dated 03.03.1941 and thereafter the jamabandi was opened in the
name of Dilo Nayak, grandfather of the petitioner and the rent receipts for
decades are being issued. The petitioner's father and grandfather had been
paying rent to the then State of Bihar and the State of Jharkhand
consequent upon the opening of jamabandi of the lands in question in the
name of Dilo Nayak, grandfather of the petitioner as will appear from the
rent receipt dated 17.02.2010.
Learned senior counsel for the petitioner has further submitted that
a running jamabandi cannot be cancelled and the Circle Officer has no
authority to stop issuance of rent receipt as held by the Division Bench in
the case of The State of Jharkhand & Ors. Vs. Chancla Devi and The
State of Jharkhand Vs. Dineshwar Prasad in L.P.A. Nos.142 of 2010 and
307 of 2009 and also in the judgment passed by the Apex Court in the case
of State of Jharkhand vs. Izhar Hussain in SLP (C) No.8108 of 2021,
wherein the Apex Court dismissed the SLP arising out of LPA No.786 of
2018 passed by the Hon'ble Division Bench of this Court dated
05.11.2020, wherein the order challenged by the State has been dismissed
arising from W.P.(C) No.593 of 2017 in Izhar Hussain vs. State of
Jharkhand, whereby the Co-ordinate Bench of this Hon'ble Court under
the writ jurisdiction allowed the petition. The impugned order passed by
the Circle Officer as well as the Deputy Commissioner, Giridih is an
example of clourable exercise of power, as such, this Court may set aside
the same.
Learned counsel for the State, Mr. Kishore Kumar Singh has
submitted that some time may be granted, so as to seek instruction and file
counter affidavit.
Let the counter affidavit be filled by 24.02.2022.
Put up this case on 28.02.2022 under the same heading.
It is made clear that no further adjournment shall be granted. If the
counter affidavit is not filled, this court will pass order on the basis of
pleading of the petitioner, as the matter is of year 2019 and copy of the
petition has already been served upon the State, but no counter affidavit
has been filled.
Let a copy of this order be communicated to the Deputy
Commissioner, Giridih at once.
(Kailash Prasad Deo, J.)
Jay/
