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2025 DAILYLAW 3526 (JHR)

DASHRATH KUMAR PANDEY v. THE STATE OF JHARKHAND

WPC/866/2025 · 2025-04-15

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:11368 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 866 of 2025 ----- Dashrath Kumar Pandey, S/o Late Bindeshwari Pandey, R/o Village- Nawadih, P.O.-Domchanch, P.S.-Domchanch, Dist.-Koderma … …. Petitioner Versus 1.The State of Jharkhand 2. The Secretary, Revenue Registration & Land Reforms Department, Government of Jharkhand, Project Building, P.O. & P.S.-Dhurwa, Dist.- Ranchi, Jharkhand 3. The Deputy Commissioner, Koderma P.O. & P.S.-Koderma, Dist.- Koderma 4. The Circle Officer, Domchanch, P.O.-Domchanch Bazar, P.S.- Domchanch, Dist.-Koderma … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : M/s Anil Kr. Sinha & Nanda Kumari, Advocates For the Respondents : Ms. Pinki Tiwary, AC to AG ----- Oral Order 04 / Dated : 15.04.2025 1. The instant writ petition has been filed under Article 226 of the Constitution of India for direction upon the respondents particularly respondent no. 4 – Circle Officer, Domchanch to issue rent receipt, which was in the name of Ramu Pandey, in favour of the petitioner as per the Bihar Tenants Holdings (Maintenances of Records) Act, 1973 with respect to the land of petitioner situated in Village Nawadih, Khata Nos. 162 and 165, Plot Nos. 22, 23, 24 and 25, measuring area of 1.11 acres, Plot Nos. 20 and 30, measuring area of 0.77 acre, P.S. No. 70 under the district of Koderma. 2. It is submitted by learned counsel for the petitioner that the land as detailed above was recorded in the name of Ramu Pandey who died leaving behind his two sons namely, Badho Pandey and Natho Pandey. Natho Pandey also died leaving behind two sons namely, Badri Pandey and Bindeshwari Pandey. Thereafter, Bindeshwari Pandey died in 2020 leaving behind four sons namely, Srikant Pandey, Sanjay Kumar Pandey, Ajay Kumar Pandey and Dashrath Kumar 2025:JHHC:11368 2 Pandey (petitioner). 3. It is further submitted that the rent could not be deposited for the year 2012 because of the poverty of petitioner, and presently the petitioner is ready and willing to pay the rent including the arrears of rent. In this regard, a representation was also filed by the petitioner before the Circle Officer, Domchanch on 14.02.2024, copy of which has already been annexed herewith but till date the same has not been disposed of. 4. Learned counsel for the State seeks adjournment so that the statement of fact can be brought on record by way of counter affidavit. 5. On perusal of the record of the case, it appears that the petitioner is only praying to dispose of his representation dated 14.02.2024 so that he can pay the rent for the land due to the State which is in his share and he claims to be in possession. 6. Without entering into the merit of the claim, this Court is of the view that the Circle Officer, Domchanch has a statutory duty to dispose of the representation and pass an order as per law and accept the rent, if the petitioner establishes his right as a raiyat of the said land and he is in actual possession of it. 7. Accordingly, the petitioner is directed to file a detailed representation before the Circle Officer, Domchanch-respondent no. 4 within two weeks from today which will be disposed of by the Circle Officer, Domchanch within four weeks on receipt of said representation by a speaking order. 8. In the event of non-compliance with the order to dispose of the representation within the stipulated period, the Circle Officer, Domchanch will be personally liable to pay a cost of Rs.25,000/- to the petitioner. Writ Petition is, accordingly, disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra