Jugesh Oraon vs The State Of Jharkhand & Others
2022 Latest Caselaw 4437 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  (Civil Writ Jurisdiction)
                 W.P. (C) No. 3740 of 2019
                         ........

Jugesh Oraon                           ....   ..... Petitioner
                              Versus
The State of Jharkhand & Others        ....   ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
                           ............
For the Petitioner                 : Mr. Anil Kumar, Advocate.
For the Respondents / State        : Mr. Priyadarshi, G.P.-VI.
                               ........

The matter is being taken up through Video Conferencing. Learned counsel for the parties have no objection with it and submitted that the audio and video qualities are good.

06/07.11.2022.

Heard, learned counsel for the petitioner, Mr. Anil Kumar and learned counsel for the respondents / State, Mr. Priyadarshi, G.P.-VI.

Petitioner, Jugesh Oraon, son of Baijnath Oraon, resident of Village - Harmu, P.O. - Purani Ranchi, P.S.-Kotwali, District - Ranchi has preferred this writ petition on 23.07.2019 for a direction upon the respondents to regularize the name of the petitioner in Register-II and further for issuance of rent receipt after accepting the requisite payment, as the title and possession of the petitioner have already been declared in his favour by the court of Subordinate Judge-IX, Ranchi in Title Suit No. 148/1998 vide judgment dated 30.07.2011 and decree dated 09.08.2011.

Learned counsel for the petitioner has submitted, that in the said title suit, the Collector. Ranchi was defendant.

Learned counsel for the petitioner has further submitted, that after the judgment and decree, the said Collector, Ranchi has preferred F.A. No. 199/2013 before this Court and as per his information, the said F.A. No. 199/2013 has already been dismissed and even then, for last 11 years without any reason, rent receipt has not been granted and rent has not been collected by the Circle Officer and also there is no interim order in favour of the State or the Collector, Ranchi, issued by this Hon'ble Court. As such, the loss, which has caused to the State because of inaction on the part of the State is a serious matter because any revenue collected under the rent receipt is a source or income of the State, that can incurred interest.

Learned counsel for the petitioner has further submitted, that if, the rent receipts would have been issued in favour of the petitioner and subsequently first appeal preferred by the District Collector, Ranchi would have been allowed, then they could have nullified those rent receipts and asked the petitioner to take his money back because of the subsequent judgment passed by the appellate court, but not acting upon the judgment and decree of the title suit by the Circle Officer shows his high-handedness on the part of the State.

Under the aforesaid circumstances, the Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand is directed to issue direction to the State authorities to collect the rent and issue rent receipts or pray for stay and even if, the rent receipts are being issued and the judgment is set aside by the appellate court, those rent receipts can be cancelled in view of the judgment and decree passed by the appellate court and rent can be returned or it can be nullified, but not acting on the judgment and decree has showed disrespect to the Court. Though, this Court is not initiating proceeding against the Deputy Commissioner, Ranchi, who is the Collector, Ranchi as well as Circle Officer, Town Anchal, Ranchi only for a reason that Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand shall look into the matter and pass a necessary order within a period of two weeks.

Let the matter appears before this Court on 23.11.2022 under the same heading.

Mr. Priyadarshi, G.P.-VI is directed to bring this fact to the knowledge of Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand in course of the day.

Office is directed to delete the name of learned counsel, Mrs. Neelam Tiwari from the column of respondents by substituting the name of learned counsel, Mr. Priyadarshi, G.P.-VI in the cause list.

(Kailash Prasad Deo, J.) Sunil/-