Ahmad Raza Khan vs The State Of Jharkhand Through ... on 28 January, 2016

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Jharkhand High Court

Ahmad Raza Khan vs The State Of Jharkhand Through ... on 28 January, 2016

Bench: Shree Chandrashekhar

                                         1

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                W. P. (C) No. 270 of 2014

      Ahmad Raza Khan, S/o Late Md. Tayeb Khan, R/o Road No. 7, 
      House No. 29, Azad Nagar, PO& PSMango, Town Jamshedpur, 
      DistrictEast Singhbhum                     ...   ...  Petitioner

                                    Versus
      1. The State of Jharkhand through Secretary, Department of 
      Home, Project Bhawan, Dhurwa, Jagannathpur, DistrictRanchi
      2. The Inspector General of Police, Department of Home, 
      Government of Jharkhand, Project Bhawan, Dhurwa, Ranchi
      3. The Superintendent of Police, Jamshedpur, PO&PSSakchi, 
      Town Jamshepdur, DistrictEast Singhbhum
      4. OfficerinCharge, Mango Police Station, PO&PSMango, Town 
      Jamshedpur, DistrictEast Singhbhum           ...  ... Respondents
                           -----------------

   CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR


      For the Petitioner          : Mr. Indrajit Sinha, Advocate
      For the Respondents  : Mr. Jai Prakash, AAG
                                    Mrs. Chaitali C. Sinha, J.C. to AAG
                          

08/28.01.2016

Aggrieved by occupation of a part of the premises comprised under Thana No. 1642, CS Khata No. 1, CS Plot No. 6 (old numbers) at Mango, Dhalbhum (East Singhbhum) without paying the rent, the petitioner has approached this Court.

2. The petitioner claims right, title and interest over the aforesaid property through registered sale deeds dated 08.03.1989 and 26.06.1989 executed in his name and in the name of his brother and mother. Vide Rent Fixation Case No. 34 of 199091 rent was fixed for the aforesaid property and the petitioner has been paying rent to the State Government. A counteraffidavit has been filed on behalf of the respondents 2 admitting payment to the erstwhile landlord for occupation of the land in question under Mango Police Station. It is denied that the Mango Police Station has trespassed and enchroached upon the aforesaid land. The respondents have further averred that vide letters dated 11.10.2014, 11.02.2015 and 12.10.2015 approval for payment of rent to the petitioner was sought and the respondentSuperintendent of Police is awaiting sanction from the Deputy InspectorGeneral of Police (Budget).

3. From the aforesaid stand taken by the respondents in the counteraffidavit it is apparent that in so far as, grievance of the petitioner for nonpayment of rent is concerned, it stands satisfied except, the quantum of rent. From the correspondences dated 17.09.2013, 03.10.2013 and 05.01.2015, it appears that respondents have taken certain steps for shifting Mango Police Station, for which necessary sanction for allotment of land is awaited. Mr. Jai Prakash, the learned AAG submits that the entire process would take more than two years however, till that time, the respondents would continue to pay rent to the petitioner at sanctioned rate.

4. Considering the stand taken by the respondents, without commenting upon the claim of the petitioner for enhanced rent for the premises under occupation of the Mango Police Station, the present writ petition stands disposed of with a direction to the respondents to take necessary steps for shifting of the Mango Police Station preferably, within a period of two years. The 3 respondent no. 1 is directed to take necessary steps in the matter and, to ensure that henceforth, rent is paid to the petitioner at the sanctioned rate. Needless to observe that, the arrears of rent shall be paid to the petitioner within eight weeks.

(Shree Chandrashekhar, J.) Tanuj/

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