Jharkhand High Court
Nagendra Nath Singh vs The State Of Jharkhand & Ors on 23 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
WP(C) No. 7213 of 2019
Nagendra Nath Singh ..... ...... Petitioner
Versus
The State of Jharkhand & Ors. .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO
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For the Petitioner : Mr. Ashish Kumar Thakur, Advocate
For the Respondents/State :Mr. Mukul Kumar Singh, AC to G.P.-III
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The matter is being taken up through Video Conferencing. Learned counsel
for the petitioner has no objection with it and submitted that audio and video
qualities are good.
Order No.07 /Dated: 23nd November, 2022
I.A. No.10368 of 2022
Learned counsel for the petitioner, Mr. Ashish Kumar Thakur has
submitted, that I.A. No.10368 of 2022 has been filed for ignoring the defect
no.4, with regard to filing of fresh copy of page no.23, for the present.
Learned counsel for the respondents/State has no objection.
Considering the same, defect no.4 with regard to filing of fresh copy
of page no.23 is ignored for the present.
Accordingly, I.A. No.10368 of 2022 stands allowed.
W.P.(C) No.7213 of 2019
Learned counsel for the petitioner has submitted, that petitioner,
Nagendra Nath Singh has preferred this writ petition for a direction upon the
Circle Officer, Jaridih, Bokaro to issue rent receipts in the name of the petitioner
upon receiving the rent, for the property of the petitioner situated at Mouza-
Tand Balidih, Thana No.13, Tauzi No.28, Khata No.42 bearing Plot
No.942/1263, measuring a total area of 2.50 acres.
Learned counsel for the petitioner has further submitted, that
petitioner has purchased the aforesaid land in the year 1962 from Rojan Miyan
vide deed no.4009 dated 29.08.1962 and thereafter property was mutated in the
name of the petitioner, which was mentioned in register-II at page-96 volume-4
at the Jaridih Circle.
Learned counsel for the petitioner has further submitted, that he paid
the rent up-to 1986-87 and thereafter without reason assigned, the Circle Officer
has not issued rent receipt in favour of the petitioner.
Learned counsel for the petitioner has further submitted, that once a
Jamabandi has been created the Circle Officer has no right to stop the rent
receipt. The State is only earning money from the rent of land. The Circle
Officer cannot say that he will not collect the rent, even if he said Jamabandi has
been wrongly created, then also in absence of any provision for cancellation of
Jamabandi under Bihar/Jharkhand Tenants' Holding (Maintenance of Records)
Act 1973 by competent civil court in view of the judgment passed in the case of
"Dilip Kumar Mahto v. State of Bihar & Ors." reported in 2001 SCC Online
Jhar 310 / (2001) 1 JLJR 75(HC), the relevant paragraph No.4 where the Co-
ordinate Bench has considered as follows:
"4. ............ In such circumstances the revisional authority was not
justified in passing impugned order of cancellation of Zamabandi
running in the name of the petitioner. At best, Revisional Authority
could have asked the respondents to go to the Civil Court for
adjudication of their title and possession. It is well settled that
Zamabandi running in the name of the particular person for several
years cannot be cancelled at the instance of the claimant in summary
proceeding. The proper course, for the claimant is to move to Civil
Court of competent jurisdiction for proper relief. In this connection
reliance may be placed on two Division Bench judgments in the case
of "Harihar Singh v. Addl. Collector (1978 BBCJ-323)" and in the
case "Jamaluddin Ahmad v. S.D.O., Khagaria (1979 BBCJ-605)".
Learned counsel for the petitioner has submitted, that the Circle
Officer has to grant rent receipt or he has to go before the competent court of
civil jurisdiction but in high handedness manner the Circle Officer has not
granted rent receipt.
The Deputy Commissioner, Bokaro is directed to file affidavit that
why the Circle Officer, Jaridih has not granted rent receipt to the petitioner and
what is his supervision over the circles? Why this Court should not take serious
view of the matter that all revenue authorities are setting tight over the matter
and they have no interest towards the income of the State.
The affidavit must be filed within two weeks.
Put up this case on 14.12.2022.
Let a copy of this order be communicated to the Deputy
Commissioner, Bokaro through FAX/e-mail.
(Kailash Prasad Deo, J.)
Rohit/-
