Jharkhand High Court
Abanikant Roy vs The State Of Jharkhand on 23 July, 2018
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No.1413 of 2018
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Abanikant Roy .......... Petitioner.
-Versus-
1. The State of Jharkhand.
2. The Deputy Commissioner, Ramgarh.
3. The Land Acquisition officer, Ramgarh.
4. The Circle Officer, Patratu. .......... Respondents.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Sanjay Prasad, Advocate
For the State : A.C. to G.A.III
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Order No.04 Date: 23.07.2018
The present writ petition has been filed primarily for issuance of direction upon the respondents to accept the rent and issue rent receipt to the petitioner for the land pertaining to Khata no.27, Plot Nos.1 and 2, Thana No.42, Patratu Anchal, measuring 5.49½ acres. Further prayer has been made for issuance of direction upon the respondents not to dispossess the petitioner from the said land and also to remove the illegal construction forcibly made upon the petitioner's land.
Learned counsel for the petitioner submits that earlier on the basis of the report of the respondent no.4-Circle Officer, Patratu, a proceeding vide Jamabandi Case No.99 of 2007-08 for doubtful Jamabandi was initiated against one of the purchasers (Jaya Devi) of the land sold by the father of the petitioner. The Land Reforms Deputy Collector, Ramgarh vide order dated 11th November, 2008 recommended for regularization of the Jamabandi in favour of the said purchaser of the land. Despite the said fact, rent receipts which were being issued in favour of the petitioner's father have been discontinued. It is also submitted that a water tank is being constructed over the said land of the petitioner by the respondent authorities treating the same to be a government land.
Learned A.C. to G.A.III submits that the present matter involves factual determination and as such the writ petition is not maintainable. However, if the petitioner files a representation before the respondent no.4 raising his grievance, the same will be considered and appropriate order will be passed.
-2-Considering the said submissions made by learned counsel for the State of Jharkhand, the present writ petition is disposed of, giving liberty to the petitioner to prefer a representation before the respondent no.4-Circle Officer, Patratu agitating his grievance in detail. On receipt of the said representation, the respondent no.4, after verifying the relevant records and providing due opportunity of hearing to the petitioner, shall pass appropriate order in accordance with law, preferably within a period of twelve weeks from the date of filing of the representation.
(Rajesh Shankar, J.) Sanjay/