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Shalimar Iron and Steel Private Limited, Ramgarh Cantt. through its Director Rafat Praveen v/s The State of Jharkhand & Others


Company & Directors' Information:- S A L STEEL LIMITED [Active] CIN = L29199GJ2003PLC043148

Company & Directors' Information:- M M S STEEL PRIVATE LIMITED [Active] CIN = U27109TZ1996PTC006849

Company & Directors' Information:- G. O. STEEL PRIVATE LIMITED [Active] CIN = U27100PB2007PTC031033

Company & Directors' Information:- INDIA IRON AND STEEL CORPORATION LIMITED [Active] CIN = U27106DL2006PLC149653

Company & Directors' Information:- C P S STEEL INDIA PRIVATE LIMITED [Active] CIN = U27104TZ2003PTC010552

Company & Directors' Information:- J M G STEEL PRIVATE LIMITED [Strike Off] CIN = U27105BR1992PTC004985

Company & Directors' Information:- J. J. IRON AND STEEL PRIVATE LIMITED [Active] CIN = U27106MH2008PTC188056

Company & Directors' Information:- H L STEEL PVT LTD [Active] CIN = U27107AS1992PTC003726

Company & Directors' Information:- K V M STEEL PRIVATE LIMITED [Active] CIN = U29141DL1988PTC031248

Company & Directors' Information:- J D IRON PRIVATE LIMITED [Active] CIN = U51420DL1996PTC079084

Company & Directors' Information:- PRAVEEN INDIA LTD . [Active] CIN = L21029WB1983PLC036326

Company & Directors' Information:- K STEEL PRIVATE LIMITED [Strike Off] CIN = U27104JH1973PTC000998

Company & Directors' Information:- S P IRON PRIVATE LIMITED [Active] CIN = U27106DL2005PTC136441

Company & Directors' Information:- R. J. STEEL PRIVATE LIMITED [Active] CIN = U28112MH2009PTC193047

Company & Directors' Information:- M M STEEL PRIVATE LIMITED [Active] CIN = U27107MH2001PTC131270

Company & Directors' Information:- A M R IRON AND STEEL PRIVATE LIMITED [Active] CIN = U27100MH2003PTC140824

Company & Directors' Information:- B L STEEL PVT LTD [Active] CIN = U51909WB1981PTC034021

Company & Directors' Information:- R K G STEEL PRIVATE LIMITED [Active] CIN = U27109DL2004PTC128852

Company & Directors' Information:- V B STEEL PRIVATE LIMITED [Active] CIN = U28112MH2010PTC211691

Company & Directors' Information:- I B STEEL COMPANY PRIVATE LIMITED [Strike Off] CIN = U28910MH2010PTC211344

Company & Directors' Information:- Y D STEEL PRIVATE LIMITED [Strike Off] CIN = U27109WB1997PTC086155

Company & Directors' Information:- J S C STEEL PRIVATE LIMITED [Active] CIN = U27106UP2013PTC061568

Company & Directors' Information:- S. M. STEEL PRIVATE LIMITED [Active] CIN = U51101MH2013PTC239811

Company & Directors' Information:- K L IRON AND STEEL PRIVATE LIMITED [Active] CIN = U27310UP2012PTC051496

Company & Directors' Information:- R K P STEEL LTD [Active] CIN = L27109WB1980PLC033206

Company & Directors' Information:- M K IRON PRIVATE LIMITED [Active] CIN = U27109CH1997PTC019501

Company & Directors' Information:- C P STEEL PRIVATE LIMITED [Active] CIN = U27100WB2008PTC127447

Company & Directors' Information:- A. K. J. STEEL PRIVATE LIMITED [Active] CIN = U28112WB2010PTC144880

Company & Directors' Information:- J P IRON AND STEEL LTD [Active] CIN = U27106PB1994PLC014838

Company & Directors' Information:- C D STEEL PVT LTD [Under Liquidation] CIN = U27109WB1981PTC034340

Company & Directors' Information:- P P IRON & STEEL PVT LTD [Active] CIN = U27109WB2005PTC106080

Company & Directors' Information:- G K IRON AND STEEL COMPANY LIMITED [Active] CIN = U13100KA2005PLC065824

Company & Directors' Information:- T M S STEEL PRIVATE LIMITED [Strike Off] CIN = U02710TZ1996PTC007498

Company & Directors' Information:- O P G IRON & STEEL PRIVATE LIMITED [Active] CIN = U27109WB2005PTC103315

Company & Directors' Information:- P M R STEEL PRIVATE LIMITED [Active] CIN = U51102DL2003PTC122675

Company & Directors' Information:- C T STEEL PVT LTD [Active] CIN = U27109WB2005PTC106634

Company & Directors' Information:- P G STEEL PVT LTD [Strike Off] CIN = U24111AS1998PTC005409

Company & Directors' Information:- A AND S STEEL PRIVATE LIMITED [Active] CIN = U63090DL1987PTC027835

Company & Directors' Information:- A. G. IRON & STEEL PRIVATE LIMITED [Active] CIN = U27310WB2008PTC123843

Company & Directors' Information:- J S STEEL PRIVATE LIMITED [Active] CIN = U52190CT1978PTC001432

Company & Directors' Information:- U M STEEL PRIVATE LIMITED [Strike Off] CIN = U27209TN1986PTC013670

Company & Directors' Information:- E & G STEEL INDIA PRIVATE LIMITED [Strike Off] CIN = U28113PN2009PTC134643

Company & Directors' Information:- L N STEEL PRIVATE LIMITED [Active] CIN = U27310WB2007PTC118206

Company & Directors' Information:- K. D. W. STEEL PRIVATE LIMITED [Active] CIN = U28910UP2011PTC043976

Company & Directors' Information:- R. N. STEEL PRIVATE LIMITED [Active] CIN = U27100WB2007PTC116588

Company & Directors' Information:- P M STEEL PRIVATE LIMITED [Active] CIN = U27105MP1982PTC001915

Company & Directors' Information:- M R STEEL (INDIA) PRIVATE LIMITED [Active] CIN = U27100TG2013PTC088808

Company & Directors' Information:- JHARKHAND IRON AND STEEL COMPANY LIMITED [Under Process of Striking Off] CIN = U27100JH2001PLC012079

Company & Directors' Information:- C K STEEL PVT LTD [Active] CIN = U29150WB1975PTC030259

Company & Directors' Information:- G R IRON & STEEL PVT LTD [Active] CIN = U51909WB1991PTC053653

Company & Directors' Information:- H P IRON PRIVATE LIMITED [Active] CIN = U27100DL2009PTC191318

Company & Directors' Information:- A M Q STEEL PRIVATE LIMITED [Strike Off] CIN = U27310UP2012PTC053823

Company & Directors' Information:- K STEEL & COMPANY PVT LTD [Strike Off] CIN = U51909WB1991PTC053960

Company & Directors' Information:- D A IRON AND STEEL COMPANY PVT LTD [Strike Off] CIN = U27103PB1994PTC014497

Company & Directors' Information:- PRAVEEN & COMPANY PRIVATE LIMITED [Strike Off] CIN = U99999DL1999PTC098397

Company & Directors' Information:- N S STEEL PVT LTD [Strike Off] CIN = U27106PB1980PTC004266

Company & Directors' Information:- P S IRON AND STEEL PRIVATE LIMITED [Active] CIN = U51909PB2000PTC023340

Company & Directors' Information:- M. L. IRON PRIVATE LIMITED [Active] CIN = U27101DL2011PTC220421

Company & Directors' Information:- P K IRON PVT LTD [Strike Off] CIN = U34300WB1981PTC034415

Company & Directors' Information:- R C STEEL PVT LTD [Strike Off] CIN = U28112AS1980PTC001811

Company & Directors' Information:- M K G STEEL PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066480

Company & Directors' Information:- P D STEEL PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC038426

Company & Directors' Information:- A K STEEL PVT LTD [Strike Off] CIN = U99999DL1961PTC003566

Company & Directors' Information:- H S P STEEL PRIVATE LIMITED [Strike Off] CIN = U27100MH2013PTC242983

Company & Directors' Information:- R B R STEEL PRIVATE LIMITED [Active] CIN = U51103PB2013PTC037791

Company & Directors' Information:- D H STEEL PRIVATE LIMITED [Strike Off] CIN = U27109RJ2012PTC039742

Company & Directors' Information:- R A STEEL PRIVATE LIMITED [Active] CIN = U51909MH2014PTC253625

Company & Directors' Information:- V M IRON PRIVATE LIMITED [Strike Off] CIN = U51909PN2012PTC142963

Company & Directors' Information:- C M D IRON & STEEL PRIVATE LIMITED [Strike Off] CIN = U52100UP2013PTC057889

Company & Directors' Information:- K M D IRON & STEEL PRIVATE LIMITED [Strike Off] CIN = U52300UP2013PTC055973

Company & Directors' Information:- D N IRON AND STEEL PRIVATE LIMITED [Strike Off] CIN = U27310DL2004PTC126698

Company & Directors' Information:- N. V. STEEL PRIVATE LIMITED [Strike Off] CIN = U27310DL2009PTC186541

Company & Directors' Information:- K. D. STEEL PRIVATE LIMITED [Strike Off] CIN = U28939DL2012PTC244467

Company & Directors' Information:- STEEL INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1958PTC001309

Company & Directors' Information:- VERSUS IRON AND STEEL PRIVATE LIMITED [Strike Off] CIN = U27109MH1997PTC109497

Company & Directors' Information:- STEEL CO PVT LTD [Strike Off] CIN = U51109WB1947PTC015981

    W.P. (C) No. 129 of 2014

    Decided On, 10 December 2019

    At, High Court of Jharkhand

    By, THE HONOURABLE MR. JUSTICE SANJAY KUMAR DWIVEDI

    For the Petitioner: Arun Kumar, Advocate. For the Respondents: Ashok Kumar Singh, A.C. to S.C. (L&C)-I.



Judgment Text


Heard Mr. Arun Kumar, learned counsel appearing for the petitioner and Mr. Ashok Kumar Singh, learned A.C. to S.C. (L&C)-I.

2. Learned counsel for the petitioner is directed to implead the Additional Collector, Ramgarh as party-respondent no.5 in this writ petition, in course of the day.

3. The petitioner has preferred this writ petition for a direction to the respondents to issue rent receipt in the name of the petitioner in respect to the land situated at Khata No. 86, Plot No. 12, Mouza-Hehel, Thana No. 58, P.S. Patratu, District-Ramgarh measuring 2 acres.

4. It is the case of the petitioner that the land situated at Khata No. 86, Plot No. 12, Mouza-Hehel, Thana No. 58, P.S. Patratu, District-Ramgarh measuring 2.50 acres was settled in the name of Sk. Madin Mian by the Manager of Ramgarh Ward State Hazaribagh vide Hukumnama dated 18.12.1934 and since then Sk. Madin Mian had been in possession of the land and his name was also mutated in the Register-II in the year 1954-55. The rent receipts were also issued in the name of Sk. Madin Mian since the year 1954-55. The rent receipt of the year 1984-85 is annexed at Annexure-1 to this writ petition. After the death of Sk. Madin Mian, during the present survey and settlement process, the State authority has issued preliminary Khatian in which, sons of Sk. Madin Mian have been shown in possession over the aforesaid land. Thereafter, vide Registered Deed No. 3634 dated 13.12.2004, the petitioner has purchased the land situated at Khata No. 86, Plot No. 12, Mouza-Hehel, Thana No. 58, P.S. Patratu, District-Ramgarh measuring 2 acres from the legal heirs of late Sk. Madin Mian and after the purchase, the petitioner is in possession over the aforesaid land. Thereafter, all of a sudden the Circle Officer, Patratu has initiated a suo motu proceeding to cancel the mutation running in the name of Sk. Madin Mian for the aforesaid land and he referred the matter to the Sub-Divisional Officer, Ramgarh for further order. The Sub-Divisional Officer, Ramgarh vide order dated 26.08.2007 has rejected the recommendation made by the Circle Officer, Patratu and held that mutation running in the name of Sk. Madin Mian for the aforesaid land is valid. The order passed by the Sub-Divisional Officer, Ramgarh dated 26.08.2007 is annexed at Annexure-3 to this writ petition. Thereafter, the petitioner applied for mutation of the aforesaid land in his name and the same was allowed by the Circle Officer, Patratu and correction slip dated 21.07.2011 was issued. The said correction slip is annexed at Annexure-4 to this writ petition. After getting correction slip, the petitioner went to deposit the rent for the aforesaid land, which was not accepted and the rent receipt has not been issued, that is why the petitioner has filed this writ petition.

5. Mr. Arun Kumar, learned counsel appearing for the petitioner submits that the petitioner is in possession over the land in question and by the order contained in Annexure-3, the zamabandi has been confirmed in favour of the petitioner and the same is not challenged by the State authority. He further submits that the State authority needs to consider the possession only in view of the well settled principles in this regard. He further submits that his case is well covered by the judgment rendered by this Court in the case of Islam Ansari v. The State of Jharkhand & Ors. reported in 2012 (3) JLJR 80.

6. Paragraphs 8 and 9 of the said judgment are quoted herein below:

"8. According to the petitioner, the land, in question, was Gairmajarua Malik and his grand father had acquired the same by virtue of settlement (Annexure 3) from the ex. landlord by executing Kabuliat (Annexure 2) followed by rent receipts (Annexure 4 series). After vesting of Zamindari under the provisions of Bihar Land Reforms Act, 1950, the State recognized the petitioner's father as tenant in respect of the said land and his name was entered in Register-II. The State, accordingly, issued rent receipts in respect of the said land. After death of the petitioner's father, the petitioner approached the revenue authority and offered to pay rent, but the same was refused. The said facts have not been disputed by the State respondents in their counter affidavit. It has also not been disputed that there is no contrary order of any competent court of law, setting aside the Jamabandi running in favour of the petitioner's father. Admittedly, no notice was issued and no proceeding was initiated against the petitioner. He was not given any opportunity of hearing before refusing to accept rent and granting rent receipts.

9. It has been repeatedly held that Jamabandi created in favour of a raiyat confers valuable right and the same cannot be interfered with or taken away lightly, arbitrarily and illegally. If there is any defect in creation of Jamabandi or if the Jamabandi is wrongly opened, the State can challenge the same in a legal proceeding before the competent court of law. They cannot simply refuse to accept rent and grant rent receipts."

7. Per contra, learned counsel appearing for the respondent-State submits that the land in question is a gair majarua land (a Government land). The State Government has directed not to issue rent receipt and to inquire illegal zamabandi of Government land. He further submits that the land in question is a forest land and the Sub-Divisional Officer, Ramgarh has passed the order beyond his jurisdiction. The Sub-Divisional Officer was not competent authority to pass such order. He also submits that he was required to refer the matter to the Additional Collector, but he passed the final order. He further submits that first rent receipt of alleged zamabandidar not found entered in Bhandar Panji, but has been confirmed and the name of alleged zamabandi established only in Register-II with collusion of Halka Karamchari and, therefore, no rent receipt has been issued. He further submits that the nature of the land is forest and the same cannot be changed without prior permission of the Central Government.

8. Having heard learned counsel for the parties, this Court finds that there is dispute with regard to nature of the land. However, the order at Annexure-3 is in favour of the petitioner, whereby, the Sub-Divisional Officer, Ramgarh has confirmed the zamabandi in spite of the recommendation made by the Circle Officer,

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Patratu. The petitioner is in possession and this fact has not been denied by the respondents in their counter affidavits. In view of the judgment rendered in the case of Islam Ansari v. The State of Jharkhand & Ors. (supra), the matter requires to be considered by the competent authority and pass an appropriate order. Accordingly, this matter is remitted back to the Additional Collector, Ramgarh. The Additional Collector, Ramgarh is directed to examine entire aspects of the matter, as observed by this Court and after providing opportunity of hearing to the petitioner, pass an appropriate order. 9. With the aforesaid observations and directions, this writ petition stands allowed and disposed of.
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