ISLAM ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: The petitioner has prayed for a direction on the respondents, particularly, Respondent No. 4, to issue rent receipts after accepting rent in respect of the raiyati land, measuring an area of 4 acres (3.49 acres in Plot No. 304 and 0.51 acre in Plot no. 262) of Khata no. 383 under Khewat No. 2 of village Pundag, Thana no. 228, District Ranchi. It has been stated that the land was settled in the name of Late Sheik Puran, grand father of the, petitioner, by the ex. landlord in the year 1944, followed by rent receipts, after vesting of the estate in Government by virtue of the provisions of Bihar Land Reforms Act. The petitioner's grand father was recognized as tenant by the State and his name was entered in Register-II. Rent receipts were also issued on accepting rent by the revenue authority, After death of the petitioner's grand father, name of the petitioner's father was entered in Register-II and the same is still running. But the revenue authority suddenly refused to accept rent and issue rent receipts.

(2.) Mrs, Sheela Prasad, learned counsel, appearing on behalf of the petitioner, submitted that once the State Government has accepted the petitioner's father as raiyat and Jamabandi was opened in his name that valuable right of tenancy cannot be casually denied by the revenue authority until the Jamabandi and entry in Register-II is set aside by any competent court of law. In the instant case, no notice was even issued and no 'proceeding has been initiated against the petitioner and no opportunity of hearing or representation has been given to the petitioner before denial of his said right. The action of the respondents is, thus, wholly arbitrary and illegal.

(3.) Learned counsel referred to a decision of this Court passed in W.P. (C) No. 1119 of 2006 (Muslim @ Md Muslim Ansari Vs. The State of Jharkhand & Ors.) and submitted that in actually the similar fact situation, this Court has held that the petitioner, in whose name Register-II is running is entitled to get rent receipts on payment of rent. This Court had directed the concerned respondents to accept rent and grant rent receipts. The said order was challenged In L.P.A. No. 474 of 2006, but the said appeal was dismissed. The state respondents, thereafter, preferred special leave petition before the Hon'ble Supreme Court, being S.L.P. (Civil) 8279 of 2009, which was also dismissed. The order of this Court has become final, She admitted that similar view has been taken in the case of Surajdeo Singh Vs. The State of Jharkhand & Ors. (W.P.(C) No. 4484 of 2007).