Dismissed

Ajay Modi v. State of Jharkhand

Jharkhand HC8 Feb 2021WPC/199/2021

Case brief

AI extract

What is this about?

The petitioners challenged the State's measurement of their alleged Raiyati land for residential construction, claiming peaceful possession. The Court observed that earlier orders suspending rent receipts remained unassailed and dismissed the writ petition, directing parties to challenge those specific orders elsewhere.

What did the court decide?

No relief: The writ petition and stay application were dismissed; petitioners directed to challenge the suspension orders.

Ajay Modi Vs State of Jharkhand — Property and Title | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No. 199 of 2021

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With

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I.A. No. 473 of 2021

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Ajay Modi

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Ahish Modi

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….. Petitioners

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Versus

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The State of Jharkhand

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The Principal Secretary, Urban Development Department, Government of Jharkhand, Ranchi

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The Deputy Commissioner, Ranchi

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The Additional Commissioner, Ranchi

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The Circle Officer, Nagri, Ranchi

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….. Respondents

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----- CORAM

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HON’BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioners: Md. Shamim Akhtar For the State: Mr. Mohan Dubey, A.C to A.G

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03/08.02.2021 The case is taken up through Video Conferencing.

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The present writ petition has been filed for issuance of direction upon the respondents not to disturb the peaceful possession of the petitioners over their Raiyati land appertaining to Khata No. 383, Plot No. 523, Mouza-Pundag, Thana No. 228, P.S-Jagarnathpur, District-Ranchi, measuring an area of 4 acres as according to them, the said land was purchased by their father by virtue of registered sale-deed No. 4395 in the year 1960 and his name is still running in Register-II at page 358 as the recorded tenant of the said land, however, the respondents have recently started measurement of the same for construction of residential buildings thereupon under a government scheme treating it to be the government land. Further prayer has been made for issuance of direction upon the concerned respondents to accept the rent for the said land and to issue up-

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to-date rent receipts in favour of the petitioners.

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I.A. No. 473 of 2021 has been filed on behalf of the petitioners seeking stay of the operation of the construction of the residential buildings over the said land under the government scheme during the pendency of the present writ petition.

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The petitioners have claimed that the name of their father-Late Jagdish Prasad Modi has been mentioned in Register-II at page 358 and the last rent

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receipt was issued in his name in the year 1997. The petitioners have further claimed that after demise of their father, they have got the lawful right and possession over the said land. Thus, the recent activities of measurement of the said land at the instance of the State-respondents for making construction of residential buildings over the same under the government scheme is illegal and hence they may be restrained from carrying out such activities over the same.

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Mr. Mohan Dubey, learned A.C to A.G appearing on behalf of the Staterespondents, while referring to paragraph 12 to the writ petition as well as paragraph 6 of I.A. No. 473 of 2021, submits that vide order as contained in letter No. 1203/G dated 12.07.2004 passed by the respondent No.3, issuance of rent receipt in the name of the petitioners’ father has been postponed. Subsequently, in pursuance of the order as contained in memo No. 145 dated 16.06.2017 passed by the respondent No.3, the Jamabandi running in the name of the petitioners’ father has been put under suspension vide letter No. 1410(ii) dated 09.10.2017 issued by the respondent No.5.

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Considering the fact that vide the aforesaid orders/letters, the Jamabandi of the land in question running in the name of the petitioners’ father has been suspended which have not been assailed in the present writ petition, no order on the prayers made by the petitioners in the writ petition as well as in I.A. No. 473 of 2021 can be passed by this Court.

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The present writ petition including I.A. No. 473 of 2021 is accordingly dismissed.

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The petitioners are however at liberty to take appropriate recourse against the aforesaid orders/letters issued by the respondent No.3, as permissible under law.

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(RAJESH SHANKAR, J)

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Satish/-

Ajay Modi v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Ajay Modi v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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