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2026 DAILYLAW 2232 (JHR)

KARTIK RAM v. THE STATE OF JHARKHAND

WPC/1199/2026 · 2026-02-24

Rajesh Kumar

body2026

Judgment text

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2026:JHHC:5425 IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P. (C) No.1199 of 2026 ---- 1. Kartik Ram, aged about 53 years, Son of Late Chamari Ram, 2. Kanti Devi, aged about 52 years, W/o – Late Shibu Ram, Both residents of Village – Nawada Basti, Ward No.19, P.O.-Jhumri Telaiya, P.S.-Telaiya, District – 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, P.O-Jhumri Telaiya Koderma. …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s) : Mr. Ashok Kr. Sinha, Adv. Ms. Kumari Priyambada, Adv. For the Respondent(s) : Mr. Sanket Khanna, A.C. to A.A.G.-V ---- 02/Dated: 24th February, 2026 1. Heard the learned counsel for the parties. 2. 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 certiorari for quashing of the Order dated 29/09/2011 contained in Memo No. 2620 (Annexure-2) issued under the signature of Deputy Commissioner, Koderma whereby and where under general order has been passed restraining the issuance of current rent receipt of Raiyati Land situated at various Mauza of Koderma District without taking into consideration the fact that the land of petitioner is Raiyati Land in nature and rent receipt has already been issued by the Revenue Authority of the Koderma District in favour of the petitioner till the year 2004-05. B. 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.-220/675, Plot No.- 6211/6615 and 6211/6617, Mouza- Gumo, Thana No.-12, Thana Telaiya, measuring to an area of 1.70 Acres of land situated at District Koderma and pass appropriate Order upon the pending representation dated 08.09.2025 (Annexure -5) of the petitioners, 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 2026:JHHC:5425 Page | 2 W.P. (C) No.1199 of 2026 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. C. 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 respondents not to take any coercive step against the land of the petitioners that to without initiating any proceeding under law and without giving any opportunity of hearing. AND D. For issuance of a direction upon the respondents to pass appropriate Order upon the pending representation dated 08/09/2025 of the petitioners.” 3. The description of land is as follows:- The lands pertaining to Khata No.-220/675, Plot No.- 6211/6615 and 6211/6617, Mouza- Gumo, Thana No.-12, Thana Telaiya, measuring to an area of 1.70 Acres of land situated at District Koderma. 4. It has been brought on record and also admitted by the State that the land got mutated in the names of the petitioners and they have been provided the rent receipts also. 5. It is settled principle of law that there is no power in the authority concerned to cancel the mutation. The dispute regarding the nature of land and title has been raised. This can be only resolved by a competent civil court. But State cannot be allowed to act as a Judge in its own case. If State is disputing any fact, he is free to get the matter settled through the competent civil court. 6. In view of above factual matrix and the settled law, the present writ petition is, hereby, allowed directing the respondent authority to issue up-to-date current rent receipt to the petitioners within eight weeks from the date of receipt/production of copy of this order. 7. With above observation and direction, the present writ petition stands disposed of. (Rajesh Kumar, J.) Dated: 24th February, 2026 Amar/- Uploaded on 27.02.2026