Deepak Kumar Bharthuar vs The State of Jharkhand and Others

R.K. Merathia, J.—It is submitted that petitioners'' prayer for mutation has been rejected by order dated 21.7.2005 passed by the Circle Officer, Ranchi in Mutation Case No. 840-R. 27/2005-06 affirmed by order dated 7.11.2006 passed by the Land Reforms Deputy Collector, Ranchi in Mutation Appeal No. 47R-15/2004-05 on the ground that the land, in question, is Khas Mahal land.

It is submitted by Mr. P. K. Prasad, learned senior counsel, appearing for the petitioner that it has been specific case of the petitioner that the land, in question, is not Khas Mahal land, but nothing has been produced by the State authorities to show that it is Khas Mahal land. He further submitted that undisputedly petitioner is in possession of the land, in question, on the basis of registered sale deed. He relied on the judgment reported in Shishir Kumar Chakravarty and Others Vs. State of Jharkhand and Another, and order dated 23.4.2008 passed in W.P.(C) No. 6053 of 2007 Naveen Jaiswal v. State of Jharkhand and Ors.. It is submitted that the order passed in the case of Naveen Jaiswal (supra) was affirmed up to the Supreme Court.

Mr. Choudhary, appearing for the State, could not dispute the said position.

In the circumstances, following the said judgment/order in the case of Shishir Kumar Chakravarty and Navin Jaiswal (supra), impugned orders are set aside and the concerned authorities are directed to mutate the name of the petitioner and issue rent receipts in his favour, as early as possible and preferably, within four weeks, if petitioner complies with the formalities, if any.

However, this order will not prejudice the cases of the parties so far as the status and the title of the land, in question, are concerned and this order will also not stand in the way of the respondents in seeking declaration that the lands, in question, are Khas Mahal lands.

With these observations and directions. this writ petition is disposed of.