Jharkhand High Court
Shubhan Ansari vs The State Of Jharkhand And Ors on 11 September, 2017
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 5236 of 2017
Shubhan Ansari, son of Late Sheikh Jumman, resident of village Hatia,
P.O. Dahudodag, P.S. Hatia, District Ranchi ... Petitioner
Versus
1.The State of Jharkhand
2.The Deputy Commissioner, Ranchi
3.The Deputy Collector Land Reforms, Ranchi
4.The Circle Officer, Ratu, District, Ranchi ... ... Respondents
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Amit Kumar Tiwari, Advocate
For the Respondents : J.C. to G.A. III
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2/11.09.2017Present writ petition has been filed for issuance of a direction upon the respondent no. 2 to grant permission to the petitioner for raising construction over the land situated under Mouja Pundag, Thana No. 228, Khata No. 383, Plot No. 443 having area of 1.50 acres pursuant to his application dated 02.12.2015 particularly in view of the order passed by this Court for acceptance of rent and grant of rent receipts in favour of the petitioner.
Learned counsel for the petitioner submits that the petitioner had earlier filed a writ petition being W.P. (C) No. 6802 of 2011 which was allowed by the learned Single Judge of this Court vide judgment dated 20.03.2012 (Annexure-1 to the writ petition) directing the respondents to accept rent from the petitioner and issue rent receipt for the land in question till an enquiry or investigation is validly made by the competent authority after granting opportunity of hearing to the petitioner in accordance with law. The said judgment was challenged by the State of Jharkhand by filing L.P.A. No. 1640 of 2015 which was dismissed by the learned Division Bench of this Court vide order dated 17th August 2015. In the meantime, a contempt petition vide Contempt Case (C) No. 198 of 2013 was filed which was disposed of vide order dated 08.01.2016 considering the show cause filed on behalf of the State-opposite parties stating interalia that the rent for the concerned land has been accepted and the rent receipt has been issued in favour of the petitioner. Learned counsel further submits that the petitioner has filed application before the Deputy Commissioner, Ranchi for grant of permission for raising construction over the said land on 02.12.2015 (Annexure-5 to the writ petition), but no decision has been taken by the Deputy Commissioner, Ranchi on the said application. It is also submitted that other persons having plots in the same khata have been allowed to make construction over their plots.
Considering the aforesaid fact, the writ petition is disposed of giving liberty to the petitioner to file fresh representation before the Deputy Commissioner, Ranchi bringing the aforesaid facts to his notice, who on receipt of such representation shall pass appropriate reasoned order as expeditiously as possible preferably within a period of 8 (eight) weeks from the date of filing of representation by the petitioner.
The writ petition is disposed of with the aforesaid observations and directions.
(Rajesh Shankar, J.) Binit/