The High Court of Jharkhand directed the Circle Officer to dispose of a pending application for issuance of rent receipts within three months, addressing arbitrary delays and potential pending enquiries.
Directed the Circle Officer to pass an order on the rent receipt application within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 8019 of 2012
Malti devi wife of Sri Shiv Shankar Prasad, Resident of Qtr. No. B, 2521, Sector-II, P.O. : Dhurwa, P.S. : Jagarnathpur, District : Ranchi
… … Petitioner
Versus
1.The State of Jharkhand 2.The Deputy Commissioner, Ranchi, P.O. & P.S. Ranchi, District : Ranchi 3. The Land Reforms Deputy Collector, Ranchi, P.O. & P.S. Ranchi, District : Ranchi
CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
--For the Petitioner : Mr. Rajeev Ranjan Tiwari, Advocate For the Respondents : Mr. Ashish Kumar Thakur, A.C. to S.C. (L&C)
8/04.09.2018
1. Heard Mr. Rajeev Ranjan Tiwari, counsel appearing on behalf of the petitioner.
2. Heard Mr. Ashish Kumar Thakur, A.C. to S.C. (L&C) appearing on behalf of the respondent-state.
3. This writ petition has been filed for the following reliefs:- “i. For quashing the order dated 12.07.2004, issued vide Memo No. 1203 (Annexure-9), so far as it relates to stoppage of issuance of rent receipt in favour of the present petitioner, in the facts and circumstances of this case, as the same is wholly arbitrary, unjust & unsustainable in the eye of law. ii. For issuance of direction upon the respondents to accept the rent pertaining to the land of the petitioners and issue up to date rent receipt in their favour, acknowledging the same in accordance with law, in the facts and circumstances of the present case.”
4. Counsel for the petitioner submits that application for issuance of rent receipt was filed as back as on 13.06.2008 but the respondent are not issuing rent receipt on account of impugned memo no. 1203/12.07.2004 and it appears that some enquiry was contemplated. He submits that he is not aware about any enquiry and it is not open to the respondents to stop issuance of rent receipts to the petitioner.
5. Counsel appearing on behalf of the respondents submits that the
petitioner has filed application for issuance of rent receipts and in such circumstances, Circle Officer, Ratu at Nagri has yet to pass an order and he may be directed to pass appropriate order on the application filed by the petitioner within a stipulated time frame.
6. After hearing counsel for the parties and after considering the materials available on record this court finds that the petitioner has filed application for issuance of rent receipts on 13.06.2008 but the concerned Circle Officer has not disposed of the same. If any application for issuance of rent receipt is filed, it is incumbent upon the Circle Officer to consider the same and pass appropriate order .
7. Accordingly, this writ petition is disposed of with the liberty to the petitioner to move before Circle Officer, Ratu at Nagri along with a copy of this order and Circle Officer, Ratu Nagri is directed to pass appropriate order on the application filed by the petitioner in connection with issuance of rent receipts after considering the materials available on record and after hearing the petitioner. He may also take into consideration the enquiry, if any, which is said to have been initiated pursuant to the letter as contained in memo no. 1203 dated 12.07.2004 and also orders/judgements passed by this Court which may be relied upon by the petitioner. He is directed to pass appropriate order within a period of three months from the date of receipt of a copy of this order.
8. The writ petition is disposed of with the aforesaid observations and directions.
Binit/
(Anubha Rawat Choudhary, J.)
Malti Devi
State of Jharkhand
Deputy Commissioner, Ranchi
Land Reforms Deputy Collector, Ranchi
Circle Officer, Ratu at Nagri
Anubha Rawat Choudhary
As recorded by the court registry
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