Allowed

Shib Kali Banerjee v. The State Of Jharkhand And Ors.

Jharkhand HC10 Apr 2018WPC/6242/2016

Case brief

AI extract

What is this about?

Petitioner challenged the stoppage of rent receipts despite valid mutation and prior payments under a registered sale deed. The Court held that without a court order canceling the mutation, the authority cannot deny rent receipts and directed the issue of receipts.

What did the court decide?

Respondent no. 3 directed to issue rent receipt within one month of receiving rent.

Shib Kali Banerjee Vs The State Of Jharkhand And Ors. — Landlord and Tenant | Jharkhand HC (2018)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

W.P.(C) No. 6242 of 2016

¶3

Shib Kali Banerjee, S/o Late Tara Pado Banerjee, resident of near Bank of India, Kuju Branch, P.O. & P.S. Kuju, District-Ramgrah, Jharkhand ….. Petitioner -V e r s u s-

¶4

1.The State of Jharkhand

¶5

2.Deputy Commissioner, Ramgarh, P.O, P.S. and District-Ramgarh, Jharkhand

¶6

3.Circle Officer, Mandu, P.O, P.S. and District- Ramgarh, Jharkhand 4.Circle Inspector, Mandu, P.O., P.S. and District-Ramgarh, Jharkhand ….. Respondents

¶7

CORAM: HON'BLE MR. JUSTICE ANANDA SEN

¶8

For the Petitioner : Mr.Niranjan Kumar , Advocate For the Respondents : Mr. Atanu Banerjee, G.A.

¶9

….. 4/10.04.2018 The petitioner in this writ application has prayed for a direction upon the respondents to issue rent receipt in his favour for the land which is measuring an area or 3.25 acres, 1.11 acres and 0.22 Decimals, comprised within R.S. Plot No. 1964 appertaining to Khata No.2, Thana No. 154 situated at village-Kuju, P.S. Mandu, DistrictRamgarh.

¶10

The petitioner has purchased the said land by virtue of three registered deed of sale dated 09.06.1972, 17.06.1973 and 12.06.1973 respectively. The petitioner after purchasing the said land got the same mutated for which correction slip was duly issued by the appropriate authority. Thereafter, the respondents have received the rent till the year 2011 but suddenly stopped receiving rent. On this back ground the aforesaid prayer has been made in this writ application.

¶11

Counter affidavit has been filed by the State in which it has been mentioned that the land is recorded as Garimajarua in the record of right but the fact of mutation and execution of sale deed has not been denied. It has also been mentioned that issuance of rent receipt for Gairmajarua land are banned/locked by the State Government for reasons best known to the Government itself.

¶12

-2-

¶13

Taking into consideration the facts of this case, I find that the petitioner had purchased the land by register sale deed and got the land mutated in his name for which correction slip was also issued by the State. Further rent receipt was issued in favour of the petitioner till 2011, this means that the State accepted rent from the petitioner. There is no order from any authority cancelling the mutation which is in favour of the petitioner.

¶14

Since there is no order of any Authority respondents could not have stopped collecting rent from the petitioner. If any one wants to challenge the title of the petitioner or the sale deeds it was open to them to challenge the same by filing an appropriate proceeding before the competent Court, which has not been done in this case also. When the petitioner purchased the land and mutated the same for which correction slip and rent receipt were also being issued to the petitioner without any objection, there is no justified reasons to stop accepting the rent from the petitioner. Thus, I find merit in this application. Accordingly, the respondent no. 3 is directed to issue rent receipt of the petitioner after receiving of the rent in respect of the land in question within the period of one month from the date of receipt of the copy of this order.

¶15

In view of the aforesaid direction, this writ application stands allowed.

¶16

(Ananda Sen, J.)

¶17

Amar/cp2

Shib Kali Banerjee v. The State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Shib Kali Banerjee v. The State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Devnandan Ganjhu Vs the State of Jharkhand

Kongress Bauri Vs Tandra Bhowmick And Ors.

Santosh Prasad Soni Alias Santosh Sonar And Anr. Vs The State Of Jharkhand

Sushil Kumar Alias Sumit Kumar Vs the State of Jharkhand

Md. Aslam Vs the State of Jharkhand

Pravin Kumar Vs the State of Jharkhand