Madan Prasad Mahato vs The State Of Jharkhand
2024 Latest Caselaw 153 Jhar

Jharkhand High Court

Madan Prasad Mahato vs The State Of Jharkhand on 8 January, 2024

Author: Ananda Sen

Bench: Ananda Sen

IN THE HIGH COURT OF JHARKHAND AT RANCHI
              W.P.(C) No. 5302 of 2021
Madan Prasad Mahato, aged about 65 years S/o Late Sukhdeo Mahato
resident of Village-Kurmidih, P.O., P.O. Kalyanpur, P.S. Barwadda,
District-Dhanbad                    ...      ...  Petitioner(s)
                           Versus
1.     The State of Jharkhand
2.     The Deputy Commissioner, Dhanbad
3.     The Additional Collector, Dhanbad
4.     The Sub Divisional Officer, Dhanbad
5.     The L.R.D.C., Dhanbad
6.     The Circle Officer, Dhanbad
7.     The Municipal Corporation, through its Chief Executive Officer,
Dhanbad
8.     Dhiren Chandra Mahato               ...    ...      Respondent(s)
                           --------
CORAM: SRI ANANDA SEN, J.

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For the Petitioner(s)      :        Mr. ---, Advocate
For the Respondent(s) :             Mr. Sreenu Garapati, S.C. III
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Order No. 09: Dated: 8th January, 2024

1. After hearing the parties, I find that it is admitted case of the petitioner that the civil suit being Original Suit No. 173 of 2021 is pending, filed at the instance of this petitioner before the appropriate court having jurisdiction at Dhanbad. The petitioner has prayed for issuance of rent receipt for part of the land which is the subject matter of the civil suit.

2. Learned S.C. III for the respondents submits that so far as the first part of the land is concerned, the rent receipt has already been issued in the name of the petitioner. It is contended that once the civil suit is decided, appropriate decision will be taken in terms of the judgment passed in the civil suit.

3. After hearing the parties, I find that the petitioner has prayed for direction upon the respondents to issue rent receipt in relation to the new Khata No. 266, Plot No. 757 area 2.33 acres which is the subject matter of civil suit, wherein the petitioner is claiming right, title interest over the same and also for confirmation/recovery of the possession.

4. When the civil suit is pending, no direction can be given by this Court to issue rent receipt in favour of the petitioner. An order can be passed by this Court in respect of the mutation and issuance of rent receipt only after appropriate decision by the civil court in respect of the right, title interest of the parties. Thus, no positive order can be passed in favour of the petitioner. It is made clear that once civil suit is decided by the competent court of civil jurisdiction, the respondent State will take action in terms of the judgment passed by the civil court.

5. With the aforesaid observations, the writ petition is disposed of.

(ANANDA SEN, J.) MM