Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 17889 (JHR)

OM PRAKASH GUPTA v. THE STATE OF JHARKHAND

WPC/3322/2025 · 2025-07-16

Gautam Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:19365 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 3322 of 2025 ------ 1. Om Prakash Gupta, son of Churaman Prasad 2. Smt. Madhu Gupta, wife of Om Prakash Gupta 3. Smt. Uma Devi, wife of Shri Shiv Prakash Gupta 4. Smt. Urmila Devi, wife of Shri Seth Sahu All are residents of Mahatama Ghandhi Nagar, Ward No.40, Jhumri Tilaiya, P.O. Jhumri Tilaiya, P.S. Tilaiya, District Koderma .... .... …. Petitioners Versus 1. The State of Jharkhand 2. The Secretary, Department of Registration, Revenue and Land Reforms, Government of Jharkhand, office at Project Building, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi 3. The Deputy Commissioner, Koderma, P.O. & P.S. & District Koderma 4. The Sub- Registrar, Registry Office, Koderma, P.O. & P.S. & District Koderma 5. The Circle Officer, Koderma, P.O. & P.S. & District Koderma .... .... .... Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioners : Mr. Lalan Kumar Singh, Advocate Mr. Sanjay Kumar, Advocate For the State : Mr. P.C. Sinha, A.C. to G.A. III ------ Order No.03 / Dated : 16.07.2025 Petitioners had purchased the land, and their name was duly mutated in Register II, and jamabandi is running in their name. Petitioners are aggrieved for the rent being not received and the instant writ petition has been filed for a direction to respondent no.5 to accept the rent. 2. It is submitted by learned counsel on behalf of petitioners that the land in question was duly purchased by the petitioners and after mutation, entry of their names were made in Register II in different mutation cases. Despite the running of Jamabandi in their names, rent is not being received by the authority concerned in view of order dated 29.09.2011, memo no.2620. It is submitted by the learned counsel that on similar facts situation, memo no.2640 dated 30.09.2011, was under challenge in W.P. (C) No.4621 of 2021 in which it was held that restriction on acceptance of rent from Jamabandi Raiyat and transfer of those lands were not sustainable and direction was given for accepting rent. 2025:JHHC:19365 3. Learned counsel on behalf of State does not dispute the assertions made on behalf of the petitioners on facts and law. 4. Without entering into the right, title and interest of the petitioners on the land in questions, in view of the fact that they are Jamabandi Raiyats, have not been cancelled and therefore, the respondents-State authorities are directed to receive rent on their behalf. The restriction imposed by memo no.2640 dated 30.09.2011 and memo no.2620 dated 29.09.2011 on accepting rent from the petitioners, who are admittedly Jamabandi Raiyats, is not sustainable and accordingly, set aside. Writ Petition is allowed. Interlocutory Application, if any, is disposed of. (Gautam Kumar Choudhary, J.) Anit