RANCHI, India, March 28 -- Jharkhand High Court issued the following order on Feb. 24:
1. Heard the parties.
2. The present writ petition has been filed for the following reliefs:-
"A. For issuance of an appropriate writ(s), order(s) and/ or direction(s), particularly a writ in the nature of Mandamus commanding upon the concerned respondent especially Respondent No. 3 i.e. Circle Officer to issue rent receipt of the lands pertaining to Khata No.-220, Plot No. 6211/6510 Mouza- Gumo, Thana No.-12, Halka-2B measuring to an area of 3.80 Acres and pass appropriate Order upon the pending representation dated 23.08.2025 (Annexure-4) of the petitioners, taking into consideration the various Orders passed by this Hon'ble Court recent being order passed in W.P.(C) No.- 7259 of 2023 being Order dated 18/04/2024 as the Respondent authorities especially the Respondent No-2 & 3 are in Contempt of Court by violating the various Orders passed by the Hon'ble Court by still not passing appropriate order upon the pending representation in view of the Order passed by the Deputy Commissioner, Koderma pursuant to Order dated 29/09/2011 contained in Memo No. 2620 which has already been set aside by the Hon'ble Court on various occasions as apparent from the various Orders passed by this Hon'ble Court as Annexed herewith.
B. For issuance of an appropriate writ(s), order(s) and/ or direction(s), particularly a writ in the nature of Mandamus commanding upon the concerned respondents not to take any coercive step against the land of the petitioners that to without initiating any proceeding under law and without giving any opportunity of hearing.
C. For issuance of a direction upon the respondents to pass appropriate Order upon the pending representation dated 23/08/2025 of the petitioners."
3. The description of land is as follows:-
"The land pertaining to Khata No.220, Plot No.6211/6510, Thana No.12, Mouza-Gumo, Halka-2B, total an area of 3.80 Acres."
4. It has been brought on record and also admitted by the State that the land got mutated in the names of the petitioners and they have been provided the rent receipts also.
5. It is settled principle of law that there is no power in the authority concerned to cancel the mutation. The dispute regarding the nature of land and title has been raised. This can be only resolved by a competent civil court. But State cannot be allowed to act as a Judge in its own case. If State is disputing any fact, he is free to get the matter settled through the competent civil court.
6. In view of above factual matrix and the settled law, the present writ petition is, hereby, allowed directing the respondent authority to issue up-to-date current rent receipt to the petitioners within eight weeks from the date of receipt/production of copy of this order.
7. With above observation and direction, the present writ petition stands disposed of.
Disclaimer: Curated by HT Syndication.
