Remanded

Baleshwar Mahto and Ors. v. The State Of Jharkhand And Ors.

Jharkhand HC6 Aug 2019WPC/5619/2015

Case brief

AI extract

What is this about?

In this writ application, petitioners sought directions for rent receipts regarding disputed land where a partition suit is pending. The court held that since the rent issue is connected to the partition suit, it directed the concerned court to dispose of Partition Suit No. 09 of 2004 expeditiously within six months.

What did the court decide?

Direction to the concerned court to dispose of Partition Suit No. 09 of 2004 expeditiously, preferably within six months.

Baleshwar Mahto and Ors. Vs The State Of Jharkhand And Ors. — Jharkhand HC (2019) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5619 of 2015

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Baleshwar Mahto

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Jiblal Mahto

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Dhaneswer Mahto … … Petitioners

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Versus

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The State of Jharkhand

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The Deputy Commissioner, Hazribag

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The Circle Officer, Katkamsandi, Hazaribagh

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The Circle Inspector, Katkamsandi, Hazaribagh

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… … Respondents

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Petitioners : Mr. Pravin Kr. Rana, Advocate For the Respondents : A.C. to S.C. (Mines) - I

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08/06.08.2019 Heard Mr. Pravin Kr. Rana, learned counsel for the petitioners and learned A.C. to S.C. (Mines) – I.

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The petitioners in this writ application have prayed for a direction upon the respondents to issue rent receipt in respect of raiyati lands appertaining to Khata No. 55, Village – Nawada, P. S. Hazaribagh situated under Katkamsandi P.S. No. 56 District Hazaribagh which was recorded in the survey khatian in the name of Anhach Koiri and Khiru Koiri.

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It appears that with respect to the land in question a partition suit is pending being Partition Suit No. 09 of 2004. The petitioners had submitted an application for issuance of rent receipt for an area of 11.91 acres which fall in the share of the petitioners appertaining to Khata No. 55, Katkamsandi P.S. No. 56, District Hazaribag but rent receipts have been issued only with respect to 7.02 acres of land and the application is said to be still pending.

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Learned A.C. to S.C. (Mines) – I has submitted at the Bar that an order dated 26.07.2019 has been passed by the Circle Officer, Katkamsandi which is with respect to the application for acceptance of the rent preferred by the petitioners in which a reference has also been made to Partition Suit No. 09 of 2004. The Circle Officer, Katkamsandi, therefore, has not passed any final order in view of the present writ application as also in view of the pendency of the Partition Suit No. 09 of 2004.

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Since the issue with respect to the acceptance of the rent is connected with the subject matter of Partition Suit No. 09 of 2004, learned counsel for the petitioners at this juncture submits that a direction be issued by this Court so that Partition Suit No. 09 of 2004 be disposed of at the earliest.

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In view of the circumstances narrated above, therefore, it would be desirable that the suit in question be disposed of and then only a decision can be taken with respect to issuance of rent receipt in favour of the petitioners.

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This writ application accordingly stands disposed of with a direction to the concerned court to dispose of Partition Suit No. 09 of 2004 expeditiously and preferably within a period of six months from the date of receipt/production of a copy of this order.

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Let the order dated 26.07.2019 produced by the learned A.C. to S.C. (Mines) – I at the Bar be kept on the record.

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(Rongon Mukhopadhyay, J.)

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Umesh/-

Baleshwar Mahto and Ors. v. The State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Baleshwar Mahto and Ors. v. The State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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