Disposed

Gopal Singh Bhumij Alias Gopal Bhumij v. the State of Jharkhand through Its Chief Secretary

Jharkhand HC6 Jul 2019WPC/1094/2019

Case brief

AI extract

What is this about?

Under Art. 226, petitioners sought acceptance of rent and issuance of rent receipt regarding specific Khata Nos. in Ichagarh circle. The Court granted liberty to apply to the competent authority for mutation corrections before proceeding with rent acceptance.

What did the court decide?

Liberty granted to petitioners to apply to the Circle Officer for mutation correction within four weeks, with the concern authority to decide thereafter.

Gopal Singh Bhumij Alias Gopal Bhumij Vs the… — Writ and Judicial Review | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1094 of 2019

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Gopal Singh Bhumij @ Gopal Bhumij, aged about 51 yrs son of Pustam Singh Bhumij @ Pustam Bhumij,

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Mangala Devi, aged about 44 years, wife of late Jitu Singh Bhumij, Both residents of Village-Shankaradih, P.O.-Urmal, P.S.-Ichagarh (Old Chandil) Circle-Ichagrah, District Seraikela-Kharsawan, Jharkhand.

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…… Petitioners

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Versus

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The State of Jharkhand through its Chief Secretary, Government of Jharkhand, Office at Project Building, P.O. & P.S. Dhurwa, District Ranchi.

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The Principal Secretary, Department of Revenue and Land Reforms, Government of Jharkhand, Office at Project Building, P.O. and P.S.Dhurwa, District-Ranchi.

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The Deputy Commissioner, Seraikela-Kharsawan, P.O. & P.S.Seraikela-Kharsawan, District-Seraikela-Kharsawan.

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The Land Reforms Deputy Collector, Seraikela-Kharsawan, P.O. & P.S.-Seraikela-Kharsawan, District Seraikela-Kharsawan.

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The Sub-Divisional Officer, Chandil, P.O. & P.S.-Chandil, DistrictSeraikela-Kharsawan.

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The Circle Officer, Incharge, P.O. & P.S.-Ichagar, District-SeraikelaKharsawan.

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…… Respondents

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioners : Mr. Ashok Kr. Sinha (4), Advocate For the Respondents : Mr. Prashant Pallav, GA-IV

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04 / Dated 06th July, 2019

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This writ petition is under Article 226 of the Constitution of India whereby and whereunder the petitioners have sought for a direction for acceptance of rent and issuance of rent receipt pertaining to Revenue Circle Ichagarh (Old Chandil) Mauza (Revenue Village)-Shankaradih, Revenue Thana No.153 Thana Ichagarh (Old Chandil) Khata No.105, 106, 107 & 108 and other plots as described in the Khatiyan.

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Mr. Prashant Pallav, learned GA-IV appearing for the State of Jharkhand has submitted that although the petitioners have made representation but it is before Deputy Commissioner, Seraikela-Kharsawan, that too for acceptance of rent and issuance of rent receipt while the petitioners are seeking relief by virtue of legal heirs of the original title holder, therefore, the petitioners first needs to make appropriate correction before the mutating authority i.e., Circle Officer, for making correction in the record of rights i.e., Register II, and then only the question of acceptance of rent and issuance of rent receipt would come, but having not done so, no relief can be granted in this writ petition.

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Learned counsel for the petitioners upon this has submitted that he may be given liberty to file appropriate application before the Circle Officer having its jurisdiction within the District of Seraikela Kharsawan for making appropriate application along with relevant documents for taking decision by the said authority within the stipulated time.

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Upon such submission, with consent of the learned counsel for the parties and without entering into the merit of the claim of the petitioners, the writ petition is disposed of according liberty to the petitioners to make appropriate application/representation before the concerned authority within a period of four weeks from the date of receipt of copy of the order along with the relevant documents.

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The concerned authority shall take decision in accordance with law within the stipulated time.

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(Sujit Narayan Prasad, J.)

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Saurabh

Gopal Singh Bhumij Alias Gopal Bhumij v. the State of Jharkhand through Its Chief Secretary

Case brief

What is this about?

What did the court decide?

Gopal Singh Bhumij Alias Gopal Bhumij v. the State of Jharkhand through Its Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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