IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.4116 of 2024 ----- 1. Ravi Shankar Jha, S/o Jata Shankar Jha 2. Kalpana Jha, W/o Ravi Shankar Jha Both are R/o House No.73, Ward No.6, near Bharti Hotel, Bhola Panda Path, P.O.-Deoghar, P.S.-Deoghar (Town), District-Deoghar. .......... Petitioners. -Versus- 1. The State of Jharkhand through the Secretary, Department of Revenue and Land Reforms, Ranchi. 2. The Commissioner, Santhal Pargana Division, Dumka. 3. The Deputy Commissioner, Deoghar. 4. The Sub-Divisional Officer, Deoghar. 5. The Circle Officer, Mohanpur, Deoghar. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. Arvind Kr. Choudhary, Advocate For the State : Md. Zaid Imam, AC to SC-VII ----- Order No.05 Date: 23.01.2025 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 dated 20th August, 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 27th May, 2006 which was mutated in her name vide order dated 11th September, 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 dated 17th June, 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 dated 04.08.2006 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 -2- W.P. (C) No.4116 of 2024 got the aforesaid land entered in the record of the Municipal Corporation, Deoghar and accordingly have been paying holding tax of their land. 4. It is also submitted that the Land Scam Case No.RC 15A/2012-D was registered on 09.06.1012 regarding illegal transfer of land within Deoghar Circle and RC 16A/2012-D was registered regarding illegal transfer of land within Mohanpur Circle, District Deoghar. In both the aforesaid cases, investigation was already completed long back and the charge sheets were submitted on 29.09.2014. The acquisition in favour of father of the petitioner no.1 with respect to the 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 was also under preliminary investigation in the aforesaid cases, but during investigation, neither anything came up against the aforesaid land in question nor the same is under investigation by the Central Bureau of Investigation at present. Though the rent receipts with respect to the share of the land of the petitioners were issued till 2014-15, however, on the pretext of CBI enquiry, the respondent authorities are not issuing the rent receipts in their favour for which the petitioners have approached the respondent authorities several times. 5. It is further submitted that the respondent authorities on the -3- W.P. (C) No.4116 of 2024 pretext of CBI enquiry are withholding the rent receipts and also not issuing no objection certificate for any other purpose as required. The petitioners applied for NOC for opening petroleum retail outlet (petrol pump) over the said land through proper channel, but on the pretext of CBI enquiry, no objection certificate was not issued and objection was unnecessarily raised by the respondent authorities. The respondent authorities have been acting in malafide manner by not issuing no objection certificate and up-to-date rent receipts to the petitioners with regard to the land in question on the pretext of CBI enquiry. The respondent authorities have ignored the fact that the land of the petitioners have no concern with R.C. No.15A/2012 D and R.C. No.16A/2012 D. 6. Md. Zaid Imam, learned A.C. to S.C.-VII, learned counsel appearing on behalf of the respondents submits that the aforesaid factual submissions made by learned counsel for the petitioners is required to be examined by the competent authority i.e. respondent no.3-Deputy Commissioner, Deoghar. Hence, if the petitioners prefer a fresh representation in this regard before the respondent no.3, an appropriate decision in accordance with law will be taken by the said respondent within a time frame. 7. Having heard learned counsel for the parties and considering the nature of the prayer made in the writ petition, this Court is of the view that the competent authority i.e. respondent -4- W.P. (C) No.4116 of 2024 no.3-Deputy Commissioner, Deoghar should take appropriate decision at the first instance. Accordingly, the petitioners are given liberty to prefer a fresh representation along with relevant documents in this regard before the respondent no.3-Deputy Commissioner, Deoghar. On receipt of the said representation, the respondent no.3 after verifying the relevant records and on providing due opportunity of hearing to the petitioners/their representatives (if so needed), shall take an appropriate informed decision in accordance with law within six weeks from the date of filing of the representation. 8. If it is found that the land in question is not the part of the charge sheets submitted in Case Nos.R.C. No.15A/2012 D and R.C. No.16A/2012 D and the petitioners are otherwise eligible for issuance of rent receipts, the respondent no.3 shall direct the respondent no.5-Circle Officer, Mohanpur, Deoghar to accept the rent for the land in question and to issue the rent receipts in lieu thereof. Moreover, the respondent no.3 shall also issue no objection certificate in favour of the petitioners for the land in question in connection with opening of a petroleum retail outlet by them if there is no other legal impediment. 9. The writ petition is, accordingly, disposed of with the aforesaid liberty and direction. (Rajesh Shankar, J.) Vikas/ -5- W.P. (C) No.4116 of 2024