Krishna Mahto Alias Krishana Kumar Mahto v. the State of Jharkhand

Jharkhand HC18 Jun 2024WPC/657/2022

Case brief

AI extract

What is this about?

Rent receipts; Circle Officer Ramgarh; respondent no.7; Khata no.101; plot nos.1745, 1928, 1976; 10.27 acres; village Huhuwa; Thana no.87; P.S. Ramgarh; land and revenue; Jharkhand; writ petition disposed with liberty to file fresh application; direction to take informed decision in accordance with law within twelve weeks; opportunity of hearing; Justice Rajesh Shankar; W.P. (C) No.657 of 2022; order dated 18.06.2024.

What did the court decide?

Liberty to the petitioners to prefer a fresh application before respondent no.7; direction to respondent no.7 to verify the relevant records, afford due opportunity of hearing, and take an appropriate informed decision in accordance with law within twelve weeks of filing of the application. ¶¶26

Krishna Mahto Alias Krishana Kumar Mahto Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Circle Officer, Ramgarh (respondent no.7) should be directed to issue rent receipts to the petitioners for the land under Khata no.101 (plot nos.1745, 1928, 1976; total 10.27 acres, village Huhuwa, Thana no.87, P.S. Ramgarh) and to show cause why such rent receipts were not being issued.

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Court's answer

Without entering into the merits of the case, the petitioners were given liberty to prefer a fresh application before respondent no.7 (Circle Officer, Ramgarh).

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Ratio / Principle

On receipt of the fresh application, respondent no.7 shall verify the relevant records and provide due opportunity of hearing to the petitioners/their representatives and other concerned persons (if so required).

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Key takeaways

Respondent no.7 shall take an appropriate informed decision in accordance with law within twelve weeks from the date of filing of the application.ratio¶¶25

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (Rajesh Shankar, J.) disposed of a writ petition (W.P. (C) No.657 of 2022, order dated 18.06.2024) by five petitioners seeking direction to the Circle Officer, Ramgarh (respondent no.7) to issue rent receipts for land under Khata no.101 — plot no.1745 (1.02 acres), plot no.1928 (2.25 acres) and plot no.1976 (7.00 acres), totalling 10.27 acres in village Huhuwa, Thana no.87, P.S. Ramgarh — and to show cause why such rent receipts were not being issued. The petitioners' applications of 10th November, 2021 and 10th January, 2022 had elicited no decision. Without entering into the merits, the court gave the petitioners liberty to file a fresh application and directed the Circle Officer, after verifying the relevant records and providing due opportunity of hearing, to take an appropriate informed decision in accordance with law within twelve weeks of its filing.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.657 of 2022

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Krishna Mahto @ Krishana Kumar Mahto

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Dilip Mahto @ Dilip Kumar

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Baleshwar Mahto

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Lal Dhari Mahto

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Nakul Mahto .......... Petitioners. -Versus-

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The State of Jharkhand

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The Secretary, Department of Land and Revenue, Project Building, Dhurwa, Ranchi.

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The Deputy Commissioner, Ramgarh.

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The Additional Collector, Ramgarh.

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The Additional Collector, Hazaribagh.

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The Deputy Collector Land Reforms, Ramgarh.

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The Circle Officer, Ramgarh.

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.......... Respondents.

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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----For the Petitioners : Mr. Navin Kumar, Advocate For the State : Mr. Aditya Raman, A.C. to G.A.III -----

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Order No.05 Date: 18.06.2024

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The present writ petition has been filed for issuance of direction upon the Circle Officer, Ramgarh- respondent no.7 to issue rent receipts in favour of the petitioners with respect to the land appertaining to Khata no.101, plot no.1745, area 1.02 acres; plot no.1928, area 2.25 acres; plot no.1976, area 7.00 acres; total measuring an area of 10.27 acres of village Huhuwa, Thana no.87, P.S. Ramgarh. Further prayer has been made for issuance of direction upon the respondent no.7 to show cause as to under what circumstance the rent receipts in respect of the said land are not being issued in favour of the petitioners.

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Learned counsel for the petitioners submits that though the petitioners preferred applications before the respondent no.7

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for the aforesaid purpose on 10^th November, 2021 as well as on 10^th January, 2022, copies of which have been annexed with the writ petition, the said respondent has not yet taken any decision, which has compelled them to file the present writ petition.

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Mr. Aditya Rama, learned A.C. to G.A.III appearing on behalf of the respondents submits that if the petitioners prefer a fresh application in this regard before the respondent no.7, an appropriate decision in accordance with law will be taken by the said respondent.

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Having heard learned counsel for the parties and considering the nature of the prayer made in the writ petition, without entering into merit of the case, the petitioners are given liberty to prefer a fresh application in this regard before the respondent no.7. On receipt of the said application, the respondent no.7 after verifying the relevant records and providing due opportunity of hearing to the petitioners/their representatives and other concerned persons (if so required) shall take an appropriate informed decision in accordance with law within twelve weeks from the date of filing of the application.

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The writ petition is, accordingly, disposed of with the aforesaid liberty and direction.

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Sanjay/vs

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(Rajesh Shankar, J.)

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Krishna Mahto Alias Krishana Kumar Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Krishna Mahto Alias Krishana Kumar Mahto v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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