NAND KISHOR DUBEY, SON OF LATE M R DUBEY, RESIDENT OF VILLAGEPIRRA, P O & P S RATU, DISTRICT RANCHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The present writ petition has been filed challenging the issuance of rent receipts for the land in question in favour of one Karma Lohar.

(3.) The factual matrix of the case as stated in the writ petition is that 54 decimals of land under Plot No. 533, Khata No. 71, VillagePirra was recorded in the name of Makeshwar Ram Dubey in the khatiyan. The said land was registered in favour of one Bucca Lohar as adhbataidar. After the abolition of jamindari, the recorded raiyat took possession of the land from Bucca Lohar, filed return and the rent was fixed in favour of Late Makeshawer Ram Dubey in Case No. 1065 R08 195356. Thereafter, the recorded raiyat came in possession of the land in question and the petitioner being the legal heir of said Late Makeshwar Ram Dubey is in peaceful possession of the land in question since 1956. The son of adhbataidar Karma Lohar filed an appeal being Appeal No. 11 R15 196465 against the order of the Circle Officer before the Additional Collector, Ranchi. The aforesaid appeal was rejected vide order dated 01.03.1966 as not maintainable. The learned counsel further submits that the respondent no. 4 has been harassing the petitioner by repeatedly filing cases under Section 144 Cr.P.C. on frivolous grounds and the SubDivisional Magistrate, Ranchi repeatedly intervened in the matter and decided the case in favour of the petitioner. The respondent no. 4 also filed a title suit for the same land being Title Suit No. 188 of 2005 and the same is pending in the court of Munsif, Ranchi and during pendency of the suit, the Circle Officer, without issuing any notice or initiating any proceeding, issued rent receipts in favour of Karma Lohar. The petitioner also came to know that the successor of Karma Lohar by virtue of registered saledeed dated 04.10.2004 sold the land in question in favour of respondent no. 4 and one Jahir Ansari. On the basis of the aforesaid facts, the learned counsel for the petitioner submits that the respondent no. 3 may be restrained from issuing rent receipts in favour of Karma Lohar.