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2022 DIGILAW 686 (JHR)

Asha Sinha v. State of Jharkhand

2022-06-20

RAJESH SHANKAR

body2022
ORDER : The present writ petition has been filed for issuance of direction upon the respondents for quashing the order dated 16.09.2021 (Annexure-5 to the writ petition) passed by the respondent no. 4 – the Circle Officer, Govindpur, Dhanbad in Misc. Case No. 02/2021, whereby the said respondent has refused to issue rent receipt in favour of the petitioner for the land appertaining to Plot No. 1253, Khata No. 10, Mouza No. 129, Mouza-Jealgora, measuring an area of 10 Kattha. Further prayer has been made for issuance of direction upon the respondent no. 4 to issue rent receipt of the aforesaid land in favour of the petitioner. 2. Learned counsel for the petitioner submits that the petitioner earlier filed a writ petition before this Court being W.P.(C) No. 459 of 2020 for issuance of direction upon the respondent no. 4 to issue rent receipt in favour of the petitioner for the aforesaid land. The said writ petition was disposed of by this Court vide order dated 10.08.2020 giving liberty to the petitioner to prefer a fresh representation along with the required documents before the respondent no. 4 and the said respondent, in turn, was directed to verify the relevant records and to take appropriate informed decision within a period of twelve weeks after providing due opportunity of hearing to the petitioner/her representative. 3. Further submission of learned counsel for the petitioner is that pursuant to the aforesaid order, the petitioner filed a representation before the respondent no. 4, however, the same has been rejected vide impugned order dated 16.09.2021 without any application of mind. On perusal of the said order, it would be evident that without cancelling the jamabandi of the said land earlier opened in the name of the petitioner, the respondent no. 4 has refused to accept the rent and issue rent receipts for the land in question. Reference of notification no. 1704/Ra. dated 15.07.2020 issued by the Department of Revenue, Registration and Land Reforms, Government of Jharkhand is also irrelevant on the facts of the present case. 4. Mr. 4 has refused to accept the rent and issue rent receipts for the land in question. Reference of notification no. 1704/Ra. dated 15.07.2020 issued by the Department of Revenue, Registration and Land Reforms, Government of Jharkhand is also irrelevant on the facts of the present case. 4. Mr. Ashish Kr Thakur, AC to AAG-III appearing on behalf of the respondents, submits that the petitioner has directly invoked the writ jurisdiction of this Court challenging the impugned order dated 16.09.2021 without availing the alternative remedy of preferring revision under Section 16 of the Bihar Tenant's Holdings (Maintenance of Records) Act, 1973 (as appeal will not lie under Section 15 of the Act, 1973 against the impugned order passed by the respondent no. 4, the same not being an order refusing to mutate the land). 5. Having heard learned counsel for the parties and keeping in view that the petitioner has an efficacious remedy of preferring revision under Section 16 of the Act, 1973 before the Collector/Deputy Commissioner, Dhanbad challenging the impugned order dated 16.09.2021 passed by the respondent no. 4 in Misc. Case No. 02/2021, I am not inclined to entertain the writ petition at this stage. 6. The writ petition is accordingly dismissed as not maintainable. The petitioner is, however, at liberty to prefer a revision under Section 16 of the Act, 1973 before the respondent no. 2 – the Deputy Commissioner, Dhanbad, (which is otherwise a suo-moto power of the said authority) challenging the order dated 16.09.2021.