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2026 DAILYLAW 10584 (JHR)

JAI SHIV KUMAR v. THE STATE OF JHARKHAND

WPC/800/2026 · 2026-02-06

Rajesh Kumar

body2026

Judgment text

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2026:JHHC:3201 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.800 of 2026 ---- Jai Shiv Kumar, aged about 45 years, S/O- Late Lakhan Lal, Resident of Gandhi School Road, Jhumari Telaiya, P.O.- Jhumari Telaiya, P.S.-Telaiya, Dist-Koderma. …. …. Petitioner(s) Versus 1. The State of Jharkhand. 2. Deputy Commissioner, Koderma, P.O., P.S. & District- Koderma. 3. Circle Officer, Koderma Anchal, Koderma, Р.О-Jhumri Telaiya, P.S.- Telaiya & District- Koderma. …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s) : Mr. Ashok Kr. Sinha, Adv. Ms. Micky Kumari, Adv. For the Respondent(s) : A.C. to A.G. ---- 06/Dated: 06th February, 2026 1. The present writ petition has been filed for following reliefs:- “A. For issuance of an appropriate writ(s), order(s) and/or direction(s), particularly a writ in the nature of Mandamus commanding upon the concerned respondent especially Respondent No. 3 i.e. Circle Officer to issue current rent receipt of the lands pertaining to Khata No.-220/509, Plot No. 5841/6434 Mouza- Gumo, Thana No.-12 measuring to an area of 21 Decimals of land and pass appropriate Order upon the pending representation dated 20.08.2025 of the petitioner, taking into consideration the various Orders passed by this Hon'ble Court recent being order passed in W.P. (C) No.-7259 of 2023 being Order dated 18/04/2024 as the Respondent authorities especially the Respondent No-2 & 3 are in Contempt of Court by violating the various Orders passed by the Hon'ble Court by still not passing appropriate order upon the pending representation in view of the Order passed by the Deputy Commissioner, Koderma pursuant to Order dated 29/09/2011 contained in Memo No. 2620 which has already been set aside by the Hon'ble Court on various occasions as apparent from the various Orders passed by this Hon'ble Court as Annexed herewith.” 2. The description of the land is as follows:- “Khata No.220/509, Plot No.5841/6434, Mouza – Gumo, Thana No.12 measuring to an area of 21 Decimals of land.” 2026:JHHC:3201 Page | 2 W.P. (C) No.800 of 2026 3. Learned counsel for the petitioner has relied upon the order dated 01.09.2023, passed by the Co-ordinate Bench of this Court in W.P.(C) No.4621 of 2021. Paragraph Nos.8 & 11 of the said order are relevant, which are quoted herein-below :- “8. This Court is of the view that once a jamabandi has been opened by following a proper procedure and the party concerned is accepted as a tenant, the State authorities cannot refuse to accept rent. Registration of a sale deed can also not be denied unless the instrument of transfer of land is barred by any statute. 11. Restriction imposed on registration of sale deed and acceptance of rent from jamabandi raiyat by the State authorities by Memo No.2640 dated 30.09.2011 issued by Deputy Commissioner Koderma is not tenable. Under the aforesaid facts an circumstances, the Circle Officer, Koderma (R-5) is directed to receive the rent from the petitioners with respect to Jamabandi of land running in their name. Further, Memo No.2640 dated 30.09.2011, issued by the Deputy Commissioner Koderma, shall not come in way to the registration of sale deeds and shall not be refused by referring to this memo if the other conditions are satisfied. Writ Petition is accordingly allowed.” 4. The State has taken the plea that it is a suspicious Jamabandi and as such the title has been disputed. This is none of the business of the State to dispute the title of one and another person only on the basis of suspicion. The revenue authority is not supposed to decide the title suit so far as the mutation is concerned, if the name of the petitioner is in the Register-II then the revenue authority is bound to accept the rent and issue the rent receipt. 5. Accordingly, the present writ petition stands allowed and disposed of directing the respondents to accept the rent and issue the rent receipt. 6. Pending I.A., if any, also stands disposed of. (Rajesh Kumar, J.) Dated: 06th February, 2026 Amar/- Uploaded on 10.02.2026