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2024 Supreme(Jhk) 107

ANIL KUMAR CHOUDHARY
Paras Nath Mahto, son of Kageshwar Mahto – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. V.P. Singh, Sr. Advocate, Mrs. Rashmi Kumar, Advocate, Mrs. Bandana Kr. Sinha, Advocate
For the Respondent:Mr. Sanjay Kr. Tiwari, SC –I, Mr. Sachin Kumar, AC to SC-I, Mr. Abhishek Kr. Dubey, Advocate, Mr. Mahesh Tewari, Advocate

JUDGMENT :

Anil Kumar Choudhary, J.

1. Heard the parties.

2. This writ petition has been filed under Article 226 of the Constitution of India with a prayer for issue if writ of Mandamus directing the respondent nos. 1 to 6 to correct the entry in Register-II with respect to the land in question and remove the names of the original respondent nos. 7 and 8 or their successor therefrom in view of earlier decision of this Court dated 23.04.1991, passed in CWJC No. 1117 of 1984 (R) and 20.05.2024, passed in CWJC No. 81 of 1996(R), the copies of which have been kept at annexure-2 and 3 respectively of this writ petition and further issuance of a writ of Mandamus directing the respondent nos. 1 to 6 to accept the rent and to issue rent receipts to the petitioners of their respective lands and consequential reliefs.

3. The case of the petitioners in brief is that the ancestors of the private respondent nos. 7 & 8 were originally recorded tenant of the land in question concerned of 3.78 acres. The father of the respondent nos. 7 & 8 namely Fekan Mahali surrendered the said land along with some other plots to the landlord vide registered sale deeds dated 03.02.1943 and 08.09.1942. The landlord m

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