The petition sought directions to vacate land allegedly occupied by government. The court dismissed the petition, holding tenure unclear as rent receipts ended in 1974-75 with no recent documents, directing the petitioner to seek civil remedies.
Writ petition dismissed; liberty to approach competent civil court.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.6816 of 2017
Kartik Chandra Nandi .......... Petitioner.
-Versus-
.......... Respondents.
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR
----For the Petitioner : Mr. Indu Shekhar Gupta, Advocate For the State : Mr. Vishal Kumar Rai, A.C. to G.A.IV -----
Order No.06 Date: 11.02.2021
This case is taken up through video conferencing.
The present writ petition has been filed for issuance of direction upon the respondents to vacate the petitioner’s land appertaining to Mauja Masalia, Thana no.08, plot nos.633 & 634, measuring an area of 11 Bighas, on which the district administration of Dumka has constructed block office premises illegally without taking any consent of the petitioner or his co-sharers.
Learned counsel for the petitioner submits that the petitioner and his co-sharers are the heirs/descendants of recorded tenants of the said land, namely, Rishikesh Nandi and Ashutosh Nandi. The petitioner and his co-sharers were in peaceful possession of the land in question till the block office premises was illegally constructed by encroaching the same. It is further submitted that the petitioner has been issued up-to-date rent receipt on payment of rent for the said land to the Government. The petitioner and his co-sharers represented the respondent authorities on several occasions raising their grievance, however, they did not respond to the same. Hence, the present writ petition.
Mr. Vishal Kumar Rai, learned A.C. to G.A.IV, appearing on behalf of the respondents submits that the petitioner has made vague statements in the present writ petition with regard to the alleged construction of the block office premises made by the district administration of Dumka. If the petitioner claims title and possession over the said land, he should seek remedy before the competent court of civil jurisdiction.
-2-
Heard learned counsel for the parties and perused the contents of the writ petition.
The petitioner has not stated anywhere in the writ petition as to when the concerned block office premises was constructed by making alleged encroachment of the land in question. Though the petitioner has annexed some rent receipts issued in the name of Rishikesh Nandi, however, last rent receipt appears to have been issued for the revenue year 1974-75. No recent document with respect to the possession of the petitioner over the said land is available on record. Hence no direction can be issued to the respondents as has been prayed by the petitioner in the present writ petition.
The writ petition is, accordingly, dismissed.
The petitioner is, however, at liberty to take appropriate recourse on the present issue before the competent court of civil jurisdiction, if so advised.
Sanjay/
(Rajesh Shankar, J.)
1 issue framed by the court
Whether the High Court should issue directions to vacate disputed land where tenure of possession is unclear and rent receipts are outdated.
Kartik Chandra Nandi
The State of Jharkhand
The Deputy Commissioner, Dumka
The Circle Officer, Masalia, District Dumka
The Block Development Officer, Masalia, District Dumka
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
