DAMARI RAM SINGH SON OF LATE SUBEDAR SINGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2017-10-6
HIGH COURT OF JHARKHAND
Decided on October 04,2017

Damari Ram Singh Son Of Late Subedar Singh Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

Rajesh Shankar, J. - (1.) Heard learned counsel for the parties.
(2.) The present writ petition has been filed for quashing the order dated 23.07.2008 passed by the Additional Collector, Ranchi (respondent No.3) in Misc. Case No. 26/2007-08 (Annexure-6 to the writ petition) whereby, the Zamabandi running in the name of the petitioner, has been cancelled.
(3.) The factual background of the case is that the land under R.S. Khata No. 47, R.S. Plot No. 1496, area 5 acres, situated at Village-Dubaliya, District-Ranchi [hereinafter referred to as 'the said land'] was purchased by the petitioner by way of registered deed of sale dated 14.02.1991. After purchase, the said land was mutated in the name of the petitioner by the Circle Officer, Kanke vide Mutation Case No. 800R-27/1990-91 and thereafter he had been paying the rent to the Government. Suddenly, after 2003, the Circle Officer, Kanke Anchal, Ranchi refused to issue rent receipt for the said land and when the petitioner inquired about the matter, he came to know that issuance of rent receipt was stopped pursuant to an order of the Additional Collector, Ranchi, contained in Memo No. 36 dated 25.01.2003. The petitioner, thereafter, filed an application being Misc. Case No. 26/2007-08 before the respondent No.3 for regularizing the issuance of rent receipt wherein the Circle Officer, Kanke submitted a report with a recommendation for cancellation of Zamabandi running in the name of the petitioner. The respondent No.3 passed the impugned order dated 23.07.2008 for cancellation of Zamabandi running in the name of the petitioner holding that the Register-II does not disclose as to on what basis the names of the vendor of the petitioner, namely, Bindeshwari Sahu and others have been entered in Register-II.;


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