Jharkhand High Court
Rajendra Prasad Mahansaria @ ... vs The State Of Jharkhand Through The ... on 22 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 1997 of 2022
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1. Rajendra Prasad Mahansaria @ Rajendra Prasad
2. Suresh Kumar Mahansaria @ Suresh Prasad
3. Rawati Devi Mahansaria @ Rawati Devi ... ... Petitioners
Versus
1. The State of Jharkhand through the Principal Secretary, Department
of Revenue, Registration and Land Reforms, Government of
Jharkhand, Ranchi
2. Deputy Commissioner, Ramgarh
3. The Land Reforms Deputy Collector, Ramgarh
4. The Circle Officer, Sadar, Ramgarh
5. Phool Kumari Devi
6. Munna Sao
7. Jai Prakash Agrawal
8. Ram Kishore Singh
9. Mahendra Prasad Munda ... ... Respondents
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioners : Mr. Ayush Aditya, Advocate
For the Respondents : Mrs. Vandana Singh, Sr. S. C. III
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4/22.08.2023 Heard Mr. Ayush Aditya, learned counsel for the petitioners and
Mrs. Vandana Singh, learned Sr. S. C. III for the State.
It has been submitted by the learned counsel for the petitioners at
the outset that the defects have already been removed.
In this writ application, the petitioners have prayed for a direction
upon the Deputy Commissioner, Ramgarh and Circle Officer, Ramgarh
for issuance of rent receipt in view of the judgment passed in Title Suit
No. 45 of 1989 as also in view of the order passed by the Deputy
Commissioner, Hazaribagh dated 28.01.2020 in Misc. Case No. 14 of
2018. The petitioners have further prayed for a direction upon the
respondents particularly Deputy Commissioner, Ranchi for cancellation
of Jamabandi of the private respondents as Deputy Commissioner,
Ranchi has already declared the petitioners to be the rightful owner in
view of the judgment passed in Title Suit No. 45 of 1989.
At the outset, learned counsel for the petitioners submits that a
decision has to be taken by the Deputy Commissioner, Ramgarh in
view of the findings recorded by the Deputy Commissioner, Hazaribagh
pursuant to the order passed by this court in W.P.(C) No. 5181 of 2003.
The petitioners had earlier approached this court in W.P.(C) No. 5181 of
2003 for quashing of the various orders by which the application for
mutation was rejected. In the said writ application, an order was passed
on 15.01.2018 wherein the order dated 19.05.2003 passed by the Deputy
Commissioner, Hazaribagh was set aside and the mater was remanded
back to the said authority for passing a fresh order in Revision Case No.
81 of 2001. After hearing the parties on the merits of the case and
consequent to the order passed in W.P.(C) No. 5181 of 2003, the Deputy
Commissioner, Hazaribagh has passed an order on 28.01.2020 wherein it
has been held as follows:
"In the light of the settled proposition of law and the decision laid
down by the Additional Munsif, Hazaribagh in T. S. No. 45 of 1989
dated 30.06.1994, the order of LRDC, Ramgarh is set aside. Since the
aforesaid land is located in Ramgarh District, Hence Deputy
Commissioner Ramgarh is hereby requested to take necessary action in
accordance with law."
It is the grievance of the petitioner that in spite of the order passed
by the Deputy Commissioner, Hazaribagh on 28.01.2020 it was
incumbent upon the Deputy Commissioner, Hazaribagh to pass
necessary order since the land in question has been located in Ramgarh,
but the same has not been acted upon by the Deputy Commissioner,
Ramgarh (respondent no. 2).
In view of the factual aspects of the case and the submission
advanced by the learned counsel for the respective parties, this writ
application stands disposed of with a direction to the respondent no. 2 to
pass an appropriate order in view of the observation made by the
Deputy Commissioner, Hazaribagh in his order dated 28.01.2020.
The aforesaid exercise should be completed within a period of 8
weeks from the date of receipt/production of a copy of this order.
This writ application stands disposed of.
(Rongon Mukhopadhyay, J)
R Shekhar Cp 2
