Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:12246
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 1044 of 2025
------ Tulasi Ravidas, son of Late Panchanand Ravidas, resident of Village Thakur Chak, P.O. Galagi, P.S. Nimiyaghat, District Giridih
.... .... …. Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Giridih, P.O. & P.S. Giridih, District Giridih
3. The Circle Officer, Dumari, P.O. & P.S. Dumari, District Giridih
.... .... .... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner
: Mr. Jay Prakash Pandey, Advocate For the State
: Mr. Mrinal Kanti Roy, G.A. I
Mr. Aman Shekhar, AC to G.A. I .
------
Order No.05 / Dated : 24.04.2025
Instant writ petition has been filed under Article 226 of the Constitution of India for issuance of rent receipt with respect to 1/6th share of 1.67 acre and 97 decimals of land detailed in para 1 of the writ petition
2. It is submitted by the learned counsel on behalf of petitioner that an application has been filed for fixation of rent to the Circle Officer, Dumari on 02.12.2024, but the same has not been disposed of.
3. It is submitted by the learned counsel on behalf of State that the representation referred to at Annexure 1, has no receiving and so it cannot be said if the representation has been submitted or not. It is further submitted that the issue raised in the representation pertains to apportionment of share which is a complicated question of title and possession.
4. Having considered the submissions advanced, there cannot be any two views on the legal propositions urged on behalf of the State that the Revenue Courts cannot enter into disputed question of title as rents are accepted on the basis of the parties, who are in possession of the said
2025:JHHC:12246 land. This however not comes in the way to dispose of the representation by a tenant, who claims to be in possession of the same after verifying the actual physical status.
Under the circumstance, Writ Petition is disposed of giving liberty to the petitioner to file a representation to the Circle Officer, Dumari which will be disposed of within eight weeks from the date of receipt/production of copy of this order. Interlocutory Application, if any, is disposed of.
(Gautam Kumar Choudhary, J.) Anit