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2022 DIGILAW 1091 (JHR)

Tribhuwan Singh @ Anil Singh v. State of Jharkhand

2022-09-01

RAJESH SHANKAR

body2022
JUDGMENT : The present writ petition has been filed for issuance of direction upon the Circle Officer, Jamua (the respondent no. 4) to correct the Online Register-II and to add the petitioner’s name in the same with respect to the land appertaining to Khata No. 13, Plot no. 7, Mouza-Magha Khurd, Thana No.-356, District- Giridih measuring an area of 2.40 acres out of total area measuring 5.63 acres as, according to the petitioner, mutation was earlier done jointly in his as well as in his brother’s name Ramdeo Singh (the respondent no. 5) and several rent receipts were also issued in their favour but subsequently, the name of respondent no. 5 only is being shown in Online Register-II with respect to the aforesaid land due to which the rent receipts are presently issued only in the name of said respondent. 2. A counter affidavit has been filed on behalf of the respondent no. 4 stating inter alia that after purchase of the aforesaid land, the respondent no. 5 got his name mutated in circle office, Jamua in the year 1989-90. Thereafter, the said respondent has regularly been paying rent for the said land. Accordingly, the demand is being maintained in Jamabandi Register- II, Vol. No. 014, page no. 061 of Mouza- Magha Khurd in the name of respondent no. 5. It has also been alleged in the counter affidavit that the petitioner by playing fraud succeeded to obtain online rent receipt in his name along with the name of another person namely Rameshwar Singh, however, there is no mention of any plot number in the said rent receipt. Under the said circumstance, no change can be made in Register-II by inserting the name of the petitioner with respect to the land in question. 3. Heard learned counsel for the parties and perused the materials available on record. 4. The stand of the respondent no. 4 taken in the counter affidavit is that no Jamabandi was opened in the name of petitioner with respect to the land in question. On the contrary, the said land is being shown in Register-II in the name of respondent no. 5 since 1989. The respondent no. 4. The stand of the respondent no. 4 taken in the counter affidavit is that no Jamabandi was opened in the name of petitioner with respect to the land in question. On the contrary, the said land is being shown in Register-II in the name of respondent no. 5 since 1989. The respondent no. 4 has also alleged that the petitioner has played fraud in obtaining online rent receipt in his name along with the name of another person namely Rameshwar Singh, however there is no mention of any plot in the said rent receipt. Since, Jamabandi of the land in question is being maintained in Register-II in favour of the respondent no. 5 since 1989, the petitioner’s claim for adding his name in the same is not tenable in law. 5. The writ petition is accordingly dismissed. The petitioner is, however, at liberty to take appropriate recourse before the competent court of civil jurisdiction claiming title and possession of the said land.