SYED SHAHAB AHMED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The grievance of the petitioner is that the respondents are not granting rent receipt, though his name has been mutated by the competent authority and correction slip has been issued in his favour. It has been submitted that after mutation, rent was paid by the petitioner's father for several years. Rent receipt was also issued in the name of his father. After death of petitioner's father, the petitioner being the son and the legal heir applied for mutation of his name in Mutation Case no. 2/92-93 before the Circle Officer, Ranchi. After due enquiry and observing all the legal formalities, prayer for mutation was allowed in his name in respect of the land of Plot no. 3654 appertaining to Khata no. 194/560 of village-Samaliya, District-Ranchi. The correction slip has also been issued(Annexure-6), but the respondents are not granting rent receipt. It has been further submitted that the respondents are bound to accept rent and issue rent receipt in favour of the petitioner.

(2.) Learned S.C.(Mines), appearing on behalf of the respondents, opposed the petitioner's writ petition and submitted that though it is an admitted fact that in the register-II, the name of the father of the petitioner was running as tenant in respect of the said land, since the land was Gairmajurua Malik land and it is not known as to under what authority, register-II was opened in favour of the petitioner's father and how rent receipts were granted to him for several years, the concerned authority under that circumstance, refused to accept the rent. There is no arbitrariness or illegality in the said order of refusal.

(3.) I have heard Learned Counsel for the parties. It is an admitted fact that the petitioner's father was recorded as tenant in Registrar II in respect of the said land and rent receipts were granted to him on accepting rent. After his death, the petitioner's application for mutation was allowed and correction slip has been issued by the Circle Officer, Kanke. Admittedly, the order of mutation has not been set aside or altered by any higher authority/Forum.