USHA DEVI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2018-7-215
HIGH COURT OF JHARKHAND
Decided on July 06,2018

USHA DEVI Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

Anubha Rawat Choudhary, J. - (1.) Heard Mr. Jitesh Kumar, counsel appearing on behalf of the petitioners.
(2.) Heard Mr. Ashish Kumar Thakur, counsel appearing on behalf of the respondent-State.
(3.) This Writ petition has been filed for the following relief:- For a direction commanding upon the respondents for quash the order dated 26.10.2012 (Annexure-7) by the learned Divisional Commissioner, Singhbhum (Kolhan) Division at Chaibasa passed in Rent Assessment Appeal Case No. 8/11 in which the learned Divisional Commissioner, has without considering the facts and circumstances, without considering the order passed in Title Suit, Title Appeal as well as in Second Appeal by the Hon'ble High Court, Ranchi, dismissed the appeal, whereby and whereunder the land under question has been purchased by the petitioners vise registered sale deed on a valuable consideration money from the rightful owner and acquired the right, title, interest and possession over the land under question. Earlier that the land under question was Patit Land and one Radha Mahto come in possession over the land much earlier and reclaimed over the land by the process Korkar and converted into a very paddy land and also constructed the residential house. Later on a Title Suit vide No.162/265 of 1971-1976 has been filed in the court of Munsif, Jamshedpur by the Tata Iron and Steel Company Ltd., (shortly mentioned as TISCO) by against the vendors of the petitioners which has been dismissed and given and decided in favour of the defendant, accordingly title appeal No. 1 /1997 by the Court of IInd Additional District Judge Jamshedpur has also been decided the case in favour of vendors of the petitioners and lastly TISCO Ltd. has filed a Second Appeal against the Parwati Mahto and others bearing S.A. No. 61/1979 (R) and same has been decided by the Patna High Court, Ranchi vide order dated 8th April 1996 by the Hon'ble Justice P.K. Deb (Prasun Kumar Deb) and dismissed the appeal by the Hon'ble High Court and given the findings in favour of Parwati Mahto and the same has been acquired the finality. The petitioners have filed a petition before the learned Deputy Commissioner under section 67 - A of the C.N.T. Act (Chhotanagpur Tenancy Act) for assessment of rent in respect of the land under question and same has been dismissed by the Deputy Commissioner thereafter the petitioner has been filed an appeal before the Divisional Commissioner and the learned Dy. Commissioner, learned Divisional Commissioner without considering the facts and circumstances of this case, without considering the law prevail in the present case, without considering the judgment given by the Hon'ble High Court who acquired finally has rejected the case of the petitioner in respect of fixation of the rent, hence the writ petition AND for issuance of a further writ / writs, order / orders, direction / directions for commanding upon the concerned respondents specially the respondent no. 2 to forebear from giving effect to or action pursuant to or in furtherance the said matter. For issuance of writ in the nature of certiorari for quashing the order dated 12.05.2011 passed in rent assessment case no. 124/2009-10." ;


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