Kashi Nath Saw vs State Of Jharkhand through Chief Secretary

Gautam Kumar Choudhary, J

Heard, learned counsel for the parties.

The petitioners claim to be in settled possession over the land appertaining to Mouza- Kandra, Thana No.324, Khata No.154, Plot Nos.795 and 796 consisting of a total area of 2.62 acres of land which was acquired by his mother by a registered sale-deed on 30.03.1988 and after the said purchase, the land was duly mutated in her name vide Mutation Case No.02 of 1989-90 by the Circle Officer, Baghmara on 13.12.1989.

It is submitted that loan was also sanctioned by the Bank of India on the said plot of land. Further, the petitioner submitted a representation for the issuance of raiyati certificate which was registered as Certificate Case No.107 of 2002 and the same was allowed vide order dated 26.11.2002.

However, the said order was reviewed and cancelled vide order dated 09.08.2005 in Misc. Case No.14 (IX) of 2005-06 which was impugned before this Court vide W.P.(C) No.4035 of 2006 and the same was finally disposed of, vide order dated 18.01.2023 with direction to both the sides to approach the Civil Court. Thereafter the petitioner moved the intra- appeal before this Court and LPA No.81 of 2023 was decided in favour of the petitioner.

The main contention of the petitioner is that representation dated 01.10.2024 was filed before the Circle Officer, Baghmara, Dhanbad, for mutation and accepting the rent from the Petitioner and for issuance of rent receipt to the petitioner.

Without entering into the merit of the instant Writ Petition, Respondent No.3 [The Circle officer, Baghmara, Dhanbad] is directed to dispose of the said representation as per law, within four weeks from the date of receipt of a copy of this order.

Writ Petition is accordingly disposed of. Pending I.A., if any, stands disposed of.

Let a copy of this order be communicated to the Respondent No.3 [The Circle officer, Baghmara, Dhanbad] for compliance at once.