2025:JHHC:18126 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 4650 of 2019 ----- Binod Bihari Mishra Ispat Griha Nirman Sahyog Samity Limited (formerly known as Ispat Griha Nirman Sahyog Samity Limited), A co-operative Society registered under Co-operative Act, through President Ram Badan Singh, S/o Late Ram Bilash Singh, residing at Gram-Gandhajor, Chas, Dist.-Bokaro, Plot No. 06, 1st Floor, Shri Sai Baba Apartment, Chira Chas, P.O. & P.S.-Chas, Bokaro-827013, Jharkhand … …. Petitioner Versus 1. The State of Jharkhand through Deputy Commissioner, P.O., P.S. & Dist.-Bokaro, Jharkhand 2. The Circle Officer, P.O., P.S. & Dist.-Bokaro, Jharkhand … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : Mr. Niraj Kishore, Advocate Mr. Shobha Rani, Advocate For the State : Mr. Prashant Kr. Rai, AC to SC (L&C)-1 ----- Oral Order 28 / Dated : 07.07.2025 1. The instant writ petition has been filed for directing the respondents to accept rent and issue rent receipt in favour of the petitioner in relation to land measuring area 3.64 acres out of 6.68 acres of land of Plot No. 1052, Khata No. 566 which was purchased by the petitioner-society by way of registered sale deed and was duly mutated in Mutation Case No. 572(III)/82-83 and Jamabandi No. 08/14. 2. This is second round of litigation and in the earlier writ application being W.P.(C) No. 1327 of 2003 filed by the vendor of the petitioner, the order of cancellation of Jamabandi was set aside by this Court vide order dated 20.04.2006, which attained finality on dismissal of L.P.A. No. 369 of 2007 vide order dated 03.02.2009. 3. The fact of the matter remains that despite the order cancelling Jamabandi having been set aside, the respondents are resisting from accepting the rent of the petitioner. 4. Learned counsel for the State submits that since the nature of land was Gairmazura Khas and the very opening of Jamabandi was in a cloud, therefore, the Jamabandi was cancelled and order has been passed 2025:JHHC:18126 2 directing the petitioner to get the issue of title decided by the Civil Court. 5. It is settled law that the mutation neither creates nor extinguishes the title. The order of cancellation of Jamabandi has been set aside and Jamabandi is running in the name of the petitioner. 6. Without going into the merit of tile over the plot in question, the respondents are directed to accept the rent and issue rent receipt with regard to land in question. The respondents-State will, however, at liberty to assert its title over the land by filing a suit before the Civil Court. This writ petition is allowed. Pending, I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra