Disposed¶20

MD Noorullah v. the State of Jharkhand through Its Chief Secretary

Jharkhand HC2 Sept 2024WPC/3940/2022

Case brief

AI extract

What is this about?

Refusal to issue rent receipt; doubt over settlement; Gair Majarua khas land; jamabandi running in predecessor's name; entry in Register – II; pending proceeding Case No.CRR 1 of 1989-90; Chitarpur Circle Officer; Ramgarh district authorities; direction to issue rent receipt; writ petition disposed; Jharkhand HC, Justice Rajesh Kumar, 02.09.2024.

What did the court decide?

Writ petition disposed of with a direction to the concerned authority to issue rent receipt to the petitioner. ¶20

MD Noorullah Vs the State of Jharkhand through Its Chief Secretary — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3940 of 2022

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Md. Noorullah, aged about 66 years, son of Late md. Owais, resident of Chitarpur, P.O. & P.S. - Rajrappa, District - Ramgarh. …… Petitioner

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Versus

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The State of Jharkhand through its Chief Secretary, Government of Jharkhand, Project Bhawan, P.O. & P.S. - Dhurwa, District - Ranchi.

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Deputy Commissioner, Ramgarh, P.O. & P.S. - Ramgarh, District – Ramgarh.

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Additional Collector, Ramgarh, P.O. & P.S. - Ramgarh, District – Ramgarh.

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Land Reforms Deputy Collector, Ramgarh, P.O. & P.S. - Ramgarh, District - Ramgarh.

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Circle Officer, Chitarpur, P.S. - Rarappa, District - Ramgarh. …... Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. A. K. Sahani, Advocate For the Resps./State : Ms. Rishi Bharti, A.C to A.A.G-II

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06/Dated: 02nd September, 2024

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1. Heard learned counsel for the parties.

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2. The present writ petition has been filed for quashing the proceeding itself which has been initiated being Case No.CRR 1 of 1989-90.

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3. It has been submitted by the learned counsel for the petitioner that the said proceeding is pending till date and no final order has been passed.

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4. It appears that the description of land has been described in Case No.CRR 1 of 1989-90 which suggests that the authority has doubted the settlement of land. It is a Gair Majarua khas land. Mere doubting a settlement cannot be a ground for refusing the issuance of rent receipt. In the present case the settlement has been accepted and the name has been entered into Register – II and the jamabandi is running in the name of the predecessor of this petitioner.

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5. In view of the above fact, the authority concerned cannot refuse to issue the rent receipt till the settlement exists in favour of the predecessor of the petitioner.

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6. In view of the above discussion, the present writ petition is, hereby, disposed of directing the concerned authority to issue

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- 1 - W.P.(C) No.3940 of 2022

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rent receipt to the petitioner.

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7. With the above observation and direction, the present writ petition stands disposed of.

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8. Pending interlocutory application, if any, also stands disposed of.

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(Rajesh Kumar, J.)