MAHADEV SHARAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved by order dated 27.01.2011 issued by the Additional Collector, Singhbhum East and for a direction upon the respondents for accepting the rent and fixation of rent in relation to Ward No. 2 under Jugsalai Municipality, Khata No. 158, Plot No. 850, 871 and 872 total area measuring 0.06.94 hectares, the petitioner has approached this Court.

(2.) The writ petitioner has stated thus;

(3.) A counter-affidavit has been filed on behalf of respondent Nos. 3, 4 and 6 stating that the land in question stands in the name of the State in the Revenue Records and there is no decree or order passed by a Civil Court of competent jurisdiction declaring the right of the petitioner with respect to the land in question. The procedure adopted in Rent Fixation Case No. 2 of 2009-10 was erroneous and contrary to law and therefore, the Government is not bound by the unauthorised act of its official. The final publication of the land in question was in the year, 1973 and Section 85 of C.N.T. provides that a landlord or a tenant may apply for settlement of fare rent within three months of final publication of record of rights. The petitioner is neither landlord nor tenant rather, he is an unauthorised occupant of the Government Land. Mere illegal possession of the Government Land cannot be made basis for fixation of rent in respect of Government Land. Petitioner is not entitled for fixation of rent on the basis of illegal possession and the procedure adopted by the Assistant Settlement Officer in Rent Fixation Case was contrary to law and therefore, order dated 25.08.2009 is not binding on the Government. Section 85(4) of the C.N.T. Act provides for appeal and there is a provision for revision under Section 89 of the C.N.T. Act. The petitioner without availing the alternative remedy, has approached this Court and therefore, the writ petition is liable to be dismissed.