RAVI SHANKAR JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the concerned respondents to issue up-to-date rent receipts in favour of the petitioners pursuant to the orders passed by the Circle Officer, Mohanpur in Mutation Case No.92 of 2006-07 and Mutation Case No.128 of 2006-07 with respect to the land appertaining to Khata No.16/3, Plot No.304/A (part), measuring an area of 13986 sq. ft. and 6500 sq. ft. out of the total area measuring 3.60 acres of the original Plot No.304, Thana No.581, Mouza-Rampur, P.S.- Mohanpur (at present P.S.-Rikhiya), District-Deoghar. Further prayer has been made for issuance of direction upon the concerned respondents to issue no objection certificate with respect to the land in question in favour of the petitioners as the same was acquired in the name of father of the petitioner no.1 vide order dtd. 20/8/1968 passed in L.A. Case No.48 of 1966-67.

(2.) Learned counsel for the petitioners submits that after death of the father of the petitioner no.1 namely Jata Shankar Jha, his legal heirs executed sale deed in favour of the petitioner no.2 with respect to the area measuring 6500 sq. ft. appertaining to Plot No.304A (part), Khata No.16/3 on 27 th May, 2006 which was mutated in her name vide order dtd. 11/9/2006 passed by the respondent no.5 in Mutation Case No.128 of 2006-07 and accordingly rent receipt was issued in her favour. Thereafter, vide partition deed dtd. 17/6/2006, the legal heirs of the father of the petitioner no.1 partitioned the family property appertaining to Plot No.304A in which the petitioner no.1 got his share measuring an area of 13986 sq. ft. which was mutated in his name vide order dtd. 4/8/2006 passed by the respondent no.5 in Mutation Case No.92/2006-07. Accordingly, rent receipt with respect to the same was issued in his favour.

(3.) It is further submitted that the petitioners and other co- sharers are in peaceful possession of the entire land situated at Mouza-Rampur, Thana No. 581, Khata No. 16/3, Plot No.304A i.e. part of the original Plot No.304, measuring total area of 3.60 acres, P.S. Deoghar (thereafter Mohanpur and at present Rikhiya), District-Deoghar. The petitioners have also got the aforesaid land entered in the record of the Municipal Corporation, Deoghar and accordingly have been paying holding tax of their land.