Documentation related to the survey made by the State Government is a prerequisite for rent fixation under the Chotanagpur Tenancy Act, 1908.

JUDGMENT :

1. Learned counsel for the petitioner prays for and is allowed to correct the designation of the respondent no.3 as ‘Land Reforms Deputy Collector, Ghatshila’.

2. Necessary insertion in the cause title of the writ petition be made in course of the day.

3. The present writ petition has been filed for quashing/setting aside the order dated 29th October, 2021 (Annexure-7 to the writ petition) passed by the Land Reforms Deputy Collector, Ghatshila- respondent no.3 in Rent Fixation Case no.08 of 2020-21, whereby the petitioner’s application for fixation of rent has been rejected. Further prayer has been made for issuance of direction upon the concerned respondents to consider the petitioner’s application for fixation of rent in terms with Chotanagpur Revenue Collection Rules.

4. Heard learned counsel for the parties and perused the impugned order dated 29th October, 2021. It appears that the respondent no.3 vide impugned order dated 29th October, 2021 has declined to entertain the petitioner’s application for fixation of rent with respect to the land in question on the ground that no document relating to survey made under Section 80 of the Chotanagpur Tenancy Act, 1908 (hereinafter to be referred as ‘the Act, 1908’) and record of rights prepared thereunder was brought on record and, accordingly, the said application has been rejected. Section 80(1) of the said Act provides that the State Government may make an order directing that a survey be made and a record of rights be prepared by a Revenue Officer in respect of the lands in any local area, estate or tenure or part thereof. Moreover, Section 85(1) of the Act, 1908 provides that in every area in respect of which a survey is being or has been made and a record of rights is being or has been prepared under Section 80, the Revenue Officer may settle fair rent in respect of any land held by a tenant.

5. Since the petitioner while making an application for fixation of rent for the land in question before the respondent no.3 did not produce any document relating to any survey made or on being made by the State Government concerning the said land, his application has rightly been rejected vide impugned order dated 29th October, 2021. Hence, I see no reason to interfere with the said order passed by the respondent no.3.

6. The writ petition is, accordingly, dismissed.