State authorities cannot arbitrarily deny property rights or issue rent receipts without following due process, violating established judicial precedents.

JUDGMENT :

DEEPAK ROSHAN, J.

Heard learned counsel for the parties.

2. The instant writ application has been preferred by the Petitioner praying therein for following reliefs :-

1. For issuance of appropriate writ/writs, Order/Orders, Direction/Directions or a writ in the nature of mandamus directing the Respondents to consider the case of the petitioner in terms of order dated 09.08.2006 passed by this Hon'ble Court in W.P.(C) No. 1119 of 2006, and accept rent and issue rent receipt with respect to the land admeasuring in area 3 Acres having Plot No. 496, khata no. 383, Thana No. 228 situated in Mauza- Pundag, as the Hon'ble Court in the said W.P.(C) No. 1119 of 2006 has clearly directed the respondents for accepting rent and issue rent receipts with respect to Plot No. 496, khata no. 383, Thana No. 228 situated in Mauza- Pundag from the raiyats thereof.

AND

II. For issuance of appropriate writ/writs, Order/Orders, Direction/Directions or a writ in the nature of mandamus directing the Respondents to also consider the case of the petitioner in terms of order dated 03.07.2018 passed W.P.(C) No. 644 of 2016 and analogous cases, and accept rent and issue rent receipt with respect to the land admeasuring in area 1 Acres having Plot No. 492, khata no. 383, Thana No. 228 situated in Mauza- Pundag, as the Hon'ble Court in the said W.P.(C) No. 644 of 2016 clearly directed the respondents for accepting rent and issue rent receipts with respect to Plot No. 492, khata no. 383, Thana No. 228 situated in Mauza- Pundag from the raiyats thereof.

AND

III. For issuance of appropriate writ/writs, Order/Orders, Direction/Directions or a writ in the nature of mandamus directing the Respondents to remove the land admeasuring in area 3 Acres having Plot No. 496, as well as the land admeasuring in area 1 Acre having Plot No. 492, both in khata no. 383, Thana No. 228 situated in Mauza- Pundag, from the Prohibited list as the same are raiyati land of the petitioner which was purchased by his ancestor vide registered sale deed no. 5280 dated 25.07.1951 and registered sale deed no. 4585 dated 22.08.1958 respectively and corresponding jamabandis were also opened in their favor through which they have paid the rent and taxes to the State Government earlier through the concerned Circle Office.

AND

IV. For issuance of appropriate writ/writs, Order/Orders, Direction/Directions or a writ in the nature of mandamus directing the Respondents, to dispose of the representation dated 08.06.2022 made by the petitioner before Respondent No. 3 by passing a reasoned order after taking into consideration the order dated 09.08.2006 passed in W.P.(C) No. 1119 of 2006, as well as the order dated 03.07.2018 passed W.P.(C) No. 644 of 2016, and thereafter start accepting the rent with respect to land admeasuring in area 3 Acres having Plot No. 496, as well as the land admeasuring in area 1 Acre having Plot No. 492, both in khata no. 383, Thana No. 228 situated in Mauza-Pundag, as this issue is no more res integra.

AND/OR

V. For issuance of any appropriate writ/ order/direction, for doing conscionable justice to the Petitioner.

3. As per the pleadings the petitioner is aggrieved firstly, on account of non-issuance of rent receipt with respect to his land having Plot No. 496 (area 3 acres) and Plot No. 492 (1 acres) both having Khata No.383, Thana No. 228, situated in Mouza-Pundag and Secondly, he is also aggrieved as his land has been put in the prohibited list by the concerned respondent authorities.

4. Learned counsel submits that his ancestors have purchased the land measuring in area 3 acres having Plot No. 496, Khata No. 383, Thana No. 228 situated in Mouza- Pundag from Sheikh Mia