RAJESH SHANKAR,J. - (1.) The present writ petition has been filed for issuance of direction upon the Respondent no. 4 (Circle Officer, Chouparan) to update the rent receipt of the petitioner for an area of land admeasuring 51.65 decimals situated at Khata No. 126, Plot No. 887, Thana No. 110 at Mouza-Ratari, District-Bokaro which is lawfully possessed by the petitioner.
(2.) The factual background of the case as stated in the writ petition is that the land situated at village Ratari, Block Bermo under Khata No. 126, Plot No. 837 ad-measuring an area of 65 acres (hereinafter called "the said land") was recorded as Gair Majarua Khas land in the survey Khatian. In the year 1948, by way of registered sale deed being no. 6226 dated 23.11.1948, the said land was settled in favour of one Niwaran Mahtha by the ex-landlord and thereafter Jamabandi was also created in his favour in the year 1952 and 1956 and since then, the rent for the said land was being paid by him. The said land was subsequently sold to Kismat Ansari in the year 1985-86 and his name was also mutated vide Misc. Case No. 28 of 1985-86 who paid the rent for the said land. Kismat Ansari thereafter sold 11 decimals of land to the petitioner vide registered sale deed dated 21.01.2006. The petitioner also purchased 42 decimals of land from Niwaran Mahtha. The jamabandi of the land was created in favour of the petitioner vide Mutation Case No. 509 of 2005-06 and 510 of 2005-06 and he has been paying the rent of the said land. The petitioner applied for issuance of No Objection Certificate under the Petroleum Rules which was kept pending and thereafter a writ petition being W.P.C No. 4955 of 2009, was filed in this Court which was disposed of on 03.12.2009 directing the respondent no. 2 to pass reasoned order within a period of one month from the receipt of copy of order. In the meantime, a proceeding under section 4(h) of the Bihar Land Reform Act, 1950 (hereinafter referred as the Act, 1950) was initiated over the said land vide Misc. Case No. 101 of 2009 on the ground that the said land is of the nature of Gair Majarua Khas, the transfer of which had taken place after 01.01.1946. The petitioner challenged the initiation of proceeding under section 4(h) of the Act, 1950 by filing a writ petition being W.P.C No. 1429 of 2010 which was disposed of vide order dated 21.02.2011 giving liberty to the petitioner to file a fresh representation with a direction to the respondent no. 2 to decide the same. In the meantime the respondent no. 2 dropped the Misc. Case No. 101 of 2009 vide order dated 17.09.2010 and directed for issuance of no objection certificate to the petitioner. Thereafter, the petitioner was granted Land Possession Certificate by the respondent no. 4 on 02.05.2011. The respondent no. 2 vide order contained in Memo No. 1355 dated 14.05.2011 also issued no objection certificate for opening up of Retail Petroleum Outlet upon the said land, however by that time the Oil Company terminated the letter of appointment and as such the No Objection Certificate was surrendered on 12.10.2011. The petitioner, thereafter, applied for franchisee from another petroleum company and thereafter the Territory Manager of M/s. Bharat Petroleum Corporation Ltd., vide letter dated 12.06.2012 wrote to the respondent no. 2 for issuance of no objection certificate and when no action was taken, the petitioner filed writ petition before this Court being W.P.C No. 5946 of 2012 which was disposed of on 02.01.2013 directing the respondent no. 2 to decide the application of the petitioner within 60 days. Thereafter, the respondent no. 2 issued no objection certificate vide Certificate contained in Memo No. 523 dated 26.03.2013 and accordingly the petitioner was given the dealership by M/s. Bharat Petroleum Corporation vide letter dated 30.04.2013. Since the petitioner was in requirement of update rent receipt of the said land, he again approached the respondent no. 4 for updating the rent receipt of the said land till 2014-15, but the same was kept pending compelling the petitioner to also file representation dated 22.08.2014 before the Additional Collector, Bokaro (respondent no. 3) but of no avail.
(3.) The learned counsel appearing on behalf of the petitioner submits that the rent of the said land has been paid by the petitioner till 2012-13 vide receipt dated 21.04.2012, however the respondent no. 4 is not issuing the current rent receipt. The petitioner is in lawful possession of the said land and there is no legal impediment in the issuance of the rent receipt. It is further submitted that the order dated 17.09.2010, passed in Misc. Case No. 101 of 2009, in a proceeding under section 4(h) of the Act, 1950 as well as issuance of Land Possession Certificate and No Objection Certificate for opening of Petrol Pump upon the said land confirms the fact that the petitioner is in lawful possession of the said land and as such the said issue cannot be re-agitated. It is further submitted that once the right of the petitioner over the said land has been decided by the competent authority, the respondent no. 4 is duty-bound to issue update rent receipt of the land in favour of the petitioner. It is also submitted that the respondent no. 2 while passing the order dated 17.09.2010 held that the said piece of land was transferred by way of registered deed in the year 1938 and again in the year 1948 and as such the proceeding under section 4(h) of the Act, 1950 is not maintainable. It is further submitted that the respondent no. 2 had issued direction to the Circle officers to report about the cases of doubtful creation of Jamabandi after verifying the revenue records, but no such report was submitted by the respondent no. 4 disputing the Jamabandi running in the name of the petitioner.;