M.Y. Eqbal, J.

1. In this writ application the petitioners seek direction upon the respondent particularly respondent No. 4 Circle Officer, Ranchi to accept rent and grant rent receipts in respect of the landed property of the petitioner, which was purchased as far back as in 1959.

2. Petitioners case inter alia is that their predecessor in interest namely, Jiwan Lal purchased 2.90 acres of land comprised within plot Nos. 1947, 1948 and 1949 under khata No. 79 of Mouza Booty by virtue of registered deed of sale dated 2.12.1959 which was executed after obtaining permission of the Deputy Commissioner, Ranchi under Section 49 of the Chhotanagpur Tenancy Act in Misc. case No. 34-R (8) of 1959-60. Thereafter, the name of Late Jivan Lal was also mutated in the office of the Circle Officer being Mutation Case No. 51-R 27/1960-61.

3. Petitioners further case is that although land was legally and validly purchased but the heirs of recorded tenant filed application for restoration of land under Section 71-A of the Chhotanagpur Tenancy Act in the year 1990, which was registered as SAR case No. 185/1990-91. The said case was contested mainly on the ground of maintainability of the restoration application. The Special officer, Schedule Area Regulation, held that the restoration application was maintainable. Thereupon, late Jivan Lal challenged the said order passed by the Special officer by filing CWJC No. 2321 of 1991 (R). By a reasoned judgment dated 10.4.2001, this Court allowed the writ application and set aside the order passed by the Special officer, Schedule Area Regulation holding that restoration application was not maintainable since transfer was made after grant of permission by the Deputy Commissioner under Section 49 of the Chhotanagpur Tenancy Act. The said judgment of learned Single Judge was challenged in LPA No. 439 of 2001, which was ultimately withdrawn by order dated 10.9.2001. The said judgment of learned Single Judge was also challenged by the private respondents by filing WPC No. 2394/2001 which was dismissed on 13.6.2001 with the observation that the writ petitioner may seek review of the judgment. Thereafter, a review petition being Civil Review No. 55/2001 was filed which was also dismissed by order dated 10.8.2001. After the judgment and order attained its finality, the predecessor in interest of the petitioners filed application before the Circle Officer for issuance of rent receipts in respect of the aforesaid land measuring 2.90 acres. The Circle Officer by order dated 7.4.2003 recommended for continuing the jamabandi created in favour of Jivan Lal in Misc. Case No. 1/2002-2003. Thereafter, the matter was placed before the Land Reforms Deputy Collector, Ranchi who by order dated 3.5.2003 issued direction to the Circle Officer to accept the rent and grant rent receipt and continue the Jamabandi created in favour of late Jivan Lal and realize rent since 1961-62.

4. Petitioners case is that after the direction issued by the Land Reforms Deputy Collector several applications were filed by the petitioners requesting the Circle Officer for realizing of rent and issuance of rent receipts but the Circle Officer has not issued rent receipts.

5. Surprisingly, respondent No. 4, the Circle Officer who recommended for issuance of rent receipts in favour of the petitioner filed a counter affidavit stating inter alia that the direction of the Land Reforms Deputy Collector, Ranchi for issuance of rent receipts in favour of the petitioner could not be complied with because the rent of the aforementioned land has already been realized from the legal heirs of the recorded tenant. It has also been stated that on enquiry it was found that the heirs of Sheikh Hussain, S/o Seikh Loda and others claim possession over the disputed land in question.

6. The matter was heard on 14.10.2004 and this Court passed the following order :

"Heard the parties.

Stand taken by the Circle Officer in the counter affidavit is contrary to the recommendati