Majebul Ansari, S/o Late Moinuddin Ansari v. State of Jharkhand
2025-04-28
DEEPAK ROSHAN
body2025
DigiLaw.ai
JUDGMENT : DEEPAK ROSHAN, J. Heard learned counsel for the parties. 2. The instant writ application has been preferred by the Petitioner praying therein for following reliefs :- 1. For issuance of appropriate writ/writs, Order/Orders, Direction/Directions or a writ in the nature of mandamus directing the Respondents to consider the case of the petitioner in terms of order dated 09.08.2006 passed by this Hon'ble Court in W.P.(C) No. 1119 of 2006, and accept rent and issue rent receipt with respect to the land admeasuring in area 3 Acres having Plot No. 496, khata no. 383, Thana No. 228 situated in Mauza- Pundag, as the Hon'ble Court in the said W.P.(C) No. 1119 of 2006 has clearly directed the respondents for accepting rent and issue rent receipts with respect to Plot No. 496, khata no. 383, Thana No. 228 situated in Mauza- Pundag from the raiyats thereof. AND II. For issuance of appropriate writ/writs, Order/Orders, Direction/Directions or a writ in the nature of mandamus directing the Respondents to also consider the case of the petitioner in terms of order dated 03.07.2018 passed W.P.(C) No. 644 of 2016 and analogous cases, and accept rent and issue rent receipt with respect to the land admeasuring in area 1 Acres having Plot No. 492, khata no. 383, Thana No. 228 situated in Mauza- Pundag, as the Hon'ble Court in the said W.P.(C) No. 644 of 2016 clearly directed the respondents for accepting rent and issue rent receipts with respect to Plot No. 492, khata no. 383, Thana No. 228 situated in Mauza- Pundag from the raiyats thereof. AND III. For issuance of appropriate writ/writs, Order/Orders, Direction/Directions or a writ in the nature of mandamus directing the Respondents to remove the land admeasuring in area 3 Acres having Plot No. 496, as well as the land admeasuring in area 1 Acre having Plot No. 492, both in khata no. 383, Thana No. 228 situated in Mauza- Pundag, from the Prohibited list as the same are raiyati land of the petitioner which was purchased by his ancestor vide registered sale deed no. 5280 dated 25.07.1951 and registered sale deed no. 4585 dated 22.08.1958 respectively and corresponding jamabandis were also opened in their favor through which they have paid the rent and taxes to the State Government earlier through the concerned Circle Office. AND IV.
5280 dated 25.07.1951 and registered sale deed no. 4585 dated 22.08.1958 respectively and corresponding jamabandis were also opened in their favor through which they have paid the rent and taxes to the State Government earlier through the concerned Circle Office. AND IV. For issuance of appropriate writ/writs, Order/Orders, Direction/Directions or a writ in the nature of mandamus directing the Respondents, to dispose of the representation dated 08.06.2022 made by the petitioner before Respondent No. 3 by passing a reasoned order after taking into consideration the order dated 09.08.2006 passed in W.P.(C) No. 1119 of 2006, as well as the order dated 03.07.2018 passed W.P.(C) No. 644 of 2016, and thereafter start accepting the rent with respect to land admeasuring in area 3 Acres having Plot No. 496, as well as the land admeasuring in area 1 Acre having Plot No. 492, both in khata no. 383, Thana No. 228 situated in Mauza-Pundag, as this issue is no more res integra. AND/OR V. For issuance of any appropriate writ/ order/direction, for doing conscionable justice to the Petitioner. 3. As per the pleadings the petitioner is aggrieved firstly, on account of non-issuance of rent receipt with respect to his land having Plot No. 496 (area 3 acres) and Plot No. 492 (1 acres) both having Khata No.383, Thana No. 228, situated in Mouza-Pundag and Secondly, he is also aggrieved as his land has been put in the prohibited list by the concerned respondent authorities. 4. Learned counsel submits that his ancestors have purchased the land measuring in area 3 acres having Plot No. 496, Khata No. 383, Thana No. 228 situated in Mouza- Pundag from Sheikh Mia Jan and Sheikh Ashruddin vide Registered Sale Deed No. 5280 dated 25.07.1951 (Annexure-4). Subsequently, after purchasing the said land, the ancestors of the petitioners applied for mutation vide Mutation case No. 16/R/27/57-58 which was allowed and Rent Receipts were issued (Annexure-6 Series). He further submits that similarly the ancestors of the petitioner have also purchased the land measuring in area 1 acres having Plot No. 492, Khata No. 383, Thana No. 228 situated in Mouza- Pundag from Sheikh Azim vide Registered Sale Deed No. 4858 dated 22.08.1958, thereafter mutation was allowed and Rent Receipts were issued. 5.
He further submits that similarly the ancestors of the petitioner have also purchased the land measuring in area 1 acres having Plot No. 492, Khata No. 383, Thana No. 228 situated in Mouza- Pundag from Sheikh Azim vide Registered Sale Deed No. 4858 dated 22.08.1958, thereafter mutation was allowed and Rent Receipts were issued. 5. Learned counsel contended that the issue of rent receipt with respect to Plot No. 496, Khata No.383, Thana No. 228, situated in Mouza- Pundag has been set at rest by this Court in W.P.(C) No. 1119 of 2006 (Muslim Ansari Vs. The State of Jharkhand); whereby vide order dated 09.08.2006 clear cut direction was given to the respondents to issue rent receipt in connection to the said Plot No. 496. (Annexure-11 Series). This Judgment has been affirmed up to the Hon'ble Supreme Court. Further, the issue of rent receipt with respect Plot No.492 Khata No.383, Thana No. 228, situated in Mouza- Pundag has also been set at rest by this Court in W.P.(C) No. 644 of 2016 (Lal Damodar Nath S hahdeo Vs. The State of Jharkhand) and analogous cases; whereby vide order dated 03.07.2018, it was held that the Respondent-State has no authority to refuse acceptance of rent and issue rent receipt. (Annexure-13). 6. He further submits that the issue of putting land in prohibited list has also been settled by this Hon’ble Court in W.P. (C) No. 4615 of 2023 (Ajit Narayan Singh Vs. The State of Jharkhand) vide order dated 06.02.2025; whereby this Court has held that placing any property in prohibited list is colourable excise of power and the state authorities cannot be the judge of its own case. However, all of a sudden, the Respondents have stopped issuance of Rent Receipts after 1985 and in the year 2014-15 they have put the land of the Petitioner in the “Prohibited list”. He contended that the Respondents have no jurisdiction to put the land in prohibited list; as such the said action is not only arbitrary but also unconstitutional. It has further been submitted that once the State- Government has accepted the ancestors of the petitioner as raiyat and a jamabandi has been opened in their name; then a valuable tenancy right is created and revenue authority cannot deny acceptance of rent thereof casually on any arbitrary grounds.
It has further been submitted that once the State- Government has accepted the ancestors of the petitioner as raiyat and a jamabandi has been opened in their name; then a valuable tenancy right is created and revenue authority cannot deny acceptance of rent thereof casually on any arbitrary grounds. He further submits that there is a presumption in favour of the holder of the mutation entry, especially, when any mutation entry is much older in point of time, and as such in the given facts and circumstance of this case the Respondent have no authority to stop the payment of rent in a casual manner without providing any opportunity of hearing. 7. Further the Petitioner by way of filing Supplementary dated 07.02.2025 have brought on record the entire offline Register-II of Nagri Anchal earlier Ratu Anchal wherein at Serial No. 18 and Serial No.128 the names of the ancestors of the Petitioner is clearly mentioned which proves that a legitimate Jamabandi was opened in the names of the ancestors of the Petitioner (Annexure-17 Page No. 5 and 10 of Supplementary Affidavit dated 07.02.2025). On the basis of the above, the Petitioner submits that he is entitled for the prayers made in the Writ Application. 8. Learned counsel for the Respondent-State submits that the jamabandi of the applicant is doubtful on following grounds: (i) The Jamabandi mentioned at page no.359 of Part II is not recorded in the name of Sheikh Hanif, Sheikh Mansur and Sheikh Habul. (ii) The Jamabandi receipt is also doubtful for the reason that receipts number has not been mentioned in the receipt. (iii) The attested copy of the returns with regard to the lands has been called from District Record room which has been received by way of letter contained in memo no. 16 dated 08.08.2002 issued under signature of In-charge Officer, District Record Room wherein the lands in question are not recorded in the name of the ancestors of the petitioner. Relying upon the aforesaid averments made in the Counter Affidavit, the State Respondents have opposed the prayer of the Petitioner. 9.
16 dated 08.08.2002 issued under signature of In-charge Officer, District Record Room wherein the lands in question are not recorded in the name of the ancestors of the petitioner. Relying upon the aforesaid averments made in the Counter Affidavit, the State Respondents have opposed the prayer of the Petitioner. 9. Having regard to the aforesaid facts and circumstance of the case since before the State Respondents have stopped issuance of Rent Receipts and have put the land of the Petitioner in the Prohibited list; no show cause notice was issued and without giving any opportunity of hearing to this petitioner, the same has been kept in prohibited list which is against the decision passed by this Court in W.P. (C) No. 847 of 2023 (Brinda Devi Agarwal Vs. The State of Jharkhand) vide order dated 06.02.2025; as such, interest of justice would be sufficed by directing the 5th Respondent to treat this writ application as fresh representation and take a decision with regard to grievances raised by this Petitioner in accordance with law and applicable Rules and Regulations and also the law settled by this Court in catena of judgments. The entire exercise shall be completed by the 5th Respondent within a period of twelve weeks from the date of receipt of copy of this order and petition. The Petitioner is also directed to serve the record of this writ application to the 5th Respondent as early as possible, so that his grievances can be addressed and set at rest. 10. Accordingly, the instant writ application stands disposed of in the manner indicated hereinabove. Pending I.As, if any, also stands closed.