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Jharkhand High Court

Jahangir Alam vs The State Of Jharkhand And Anr on 1 September, 2017

Author: Amitav K. Gupta

Bench: Amitav K.Gupta

                           THE HIGH COURT OF JHARKHAND AT RANCHI
                                                               ­­­  
                                                W.P(C) No.4513 of 2016
                                                               ­­­ 
                   Jahangir Alam, s/o Hajimiya Jan Ali @ Sekh Miyajan, village-
                   Pundag,P.O.Pundag, P.S.Jagarnathpur, District-Ranchi.
                                                                       .....Petitioner.
                                                                Versus

                 1.State of Jharkhand
                 2.The Circle Officer, Nagri,P.O.P.S. Nagri, District-Ranchi.
                                                                    .... Respondents.
                                               -----
                 CORAM:         HON'BLE MR.JUSTICE AMITAV K.GUPTA
                                                   --
                 For the Petitioner :M/s.Rajeev Ranjan & S.K.Gautam,Advocates.
                 For the Respondents : Mr.Atanu Banerjee, G.A..
                                                  ----
                 05/01.09.2017

The petitioner seeks issuance of an appropriate writ/order/direction commanding upon the respondent no.2 to accept and issue the rent receipt in the name of the petitioner with respect to the plot nos.2144 and 486 admeasuring 5.86 acres and 4.01 acres, respectively appertaining to khata no.383 of mouza Pundag.

2. Learned counsel for the petitioner has submitted that petitioner has purchased the aforesaid land by registered sale deed and he is in possession of the same. That petitioner had filed representation before the respondent no.2 i.e., Circle Officer, Nagri, Ranchi but till date no order has been passed on the representation of the petitioner, therefore, the petitioner seeks issuance of direction upon the respondent no.2 to pass necessary order on the representation filed by the petitioner.

3. Learned G.A has submitted that the land in question was recorded as gairmazrua and the zamabandi is not running in the name of the petitioner or his father. That in the return filed by the ex-landlord neither the name of the petitioner nor the name of the vendor has been mentioned.

4. Heard. Since the petitioner has confined and limited his prayer to the extent for issuance of a direction upon the respondent no.2 to pass appropriate order on the representation filed by the petitioner accordingly, the respondent no.2, Circle Officer, Nagri, Ranchi shall take necessary decision and pass a 2. reasoned and speaking order on the representation of the petitioner in accordance to the provisions of Jharkhand Tenant's Holdings(Maintenance of Records) Act,1973 within eight weeks from the date of receipt/production of this order after giving an opportunity of hearing to the petitioner.

5. With the said direction the writ petition stands disposed off. It is made clear that this court has not expressed any view or opinion on the merit of the case.

(Amitav K. Gupta,J)          Biswas.