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2025 DAILYLAW 10231 (JHR)

GULAM HUSSAIN v. THE STATE OF JHARKHAND

WPC/2005/2024 · 2025-09-04

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:26782 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.2005 of 2024 Gulam Hussain, aged about 65 years, Son of Late Abdul Miyan, Resident of Village Road, Govindpur, Dhanbad. P.O. & P.S.-Govindpur, Dist.- Dhanbad. …… Petitioner Versus 1. The State of Jharkhand 2. The Secretary, Department of Revenue, Registration and Land Reforms, Office at Project Building, P.O. & P.S. Dhurwa, Dist. Ranchi. 3. The Deputy Commissioner, Dhanbad, P.O. & P.S.- Dhanbad, Dist.- Dhanbad. 4. The Revenue Officer, Dhanbad, P.Ο. & P.S. Dhanbad, Dist.- Dhanbad. 5. The Circle Officer, Govindpur, P.O. & P.S.-Govindpur, Dist.-Dhanbad. …... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. Birendra Kumar, Advocate For the Resp.-State : Mr. Manoj Kumar, G.A.-III --------- 06/Dated: 04 th September, 2025 1. Heard learned counsel for the parties. 2. The present writ petition has been filed for the following relief :- “(a) for quashing the order dated 14.09.2023 passed by respondent no.3 in Misc. Case No. 11/2023 whereby refused to release the land from the restricted list of NGDRS even on existence of decree Civil Court as of competent well as continuous running offline Jamabandi No. 1375 and rent has been realized till today. (b) for direction to respondent no.3 not to interfere the peaceful possession of the petitioner over the land involved in the writ petition. (c) for direction to the respondent no.3 to delete the lands from the website as Gair Abad land as per document and offline rent receipts possessed by the petitioner..” - 1 - W.P.C No.2005 of 2024 2025:JHHC:26782 3. The action of the State is based upon the notification No.1132 dated 26.08.2015, which is on the basis of Section 22-A of the Registration Act, 1908. The Section 22-A of the Registration Act, 1908, has already been declared ultra virus by the Division Bench of this Court vide order dated 01.05.2025, passed in W.P.(C) No.5088 of 2018 and analogous cases. 4. In that view of the matter, it is, hereby, declared that if the land of the petitioner is in any prohibited list then it stands quashed, so far as the writ petitioner is concerned. 5. Accordingly, the present writ petition stands disposed of. 6. Pending interlocutory application, if any, stands disposed of. (Rajesh Kumar, J.) Ravi-Chandan/- - 2 - W.P.C No.2005 of 2024