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2025 DAILYLAW 14074 (JHR)

VEENA SINGH v. THE STATE OF JHARKHAND

WPC/4883/2025 · 2025-09-09

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:27272 1 W.P.(C) No. 4883 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 4883 of 2025 Veena Singh aged about 58 years, W/o, Arvind Kumar Singh, R/o Asnabad, Ranchi-Patna Road, P.O.- Jhumri Telaiya & P.S. Telaiya, District-Koderma. ….........Petitioner Vrs. 1. The State of Jharkhand. 2. Deputy Commissioner, Koderma, P.O., P.S. & District- Koderma. 3. District Sub- Registrar, Koderma, P.O., P.S. & District- Koderma. 4. Circle Officer, Koderma Anchal, Koderma, P.O.-Jhumri Telaiya & P.S. Telaiya & District-Koderma. .......... Respondents ….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Ashok Kumar Sinha, Advocate Ms. Kumari Priyambada, Advocate For the Resp.-State : Mr. Ankit Kumar, A.C to S.C.-I 02/09.09.2025 The present writ petition has been filed for the following reliefs:- A. For issuance of an appropriate writ(s), order(s) and/or direction(s), particularly a writ in the nature of certiorari for quashing of the Order dated 29/09/2011 contained in Memo No. 2620 (Annexure-3) issued under the signature of Deputy Commissioner, Koderma whereby and where under general order has been passed restraining the transfer of Raiyati Land situated at various Mauza of Koderma District without taking into consideration the fact that the land of petitioner is Raiyati Land in nature and rent receipt has been issued by the Revenue Authority of the Koderma District in favour of the petitioner till the year 2007. B. For issuance of an appropriate writ(s), order(s) and/or direction(s), particularly a writ in the nature of Mandamus commanding upon the respondent No.-4 for issuance of rent receipt in favour of the petitioner for the land pertaining to Khata No. 110/119, Plot Nos. 2191/2276, Mouza- Asna P.S.-Telaiya, Thana No.- 245, measuring an total , area 17 Decimals of land situated at District Koderma for which an application dated 09.04.2025 (Annexure 8) is still pending before the respondent No.-4. C. For issuance of an appropriate writ(s). order(s) and/ or direction(s), particularly a writ in the nature of Mandamus commanding upon the concerned respondents to accept the Sale Deed of petitioners land pertaining Khata No. 110/119, Plot Nos.- 2191/2276, Mouza- Asna P.S.- Telaiya, Thana No. 245, measuring an total area 17 Decimals of land situated at District Koderma and register the aforesaid Raiyati land in the name of the purchaser after presenting the Sale Deed before Respondent no. 3 as the Respondent authorities especially the Respondent No- 3 & 4 are in Contempt of Court by violating the various Orders passed by the Hon'ble Court by still not 2025:JHHC:27272 2 W.P.(C) No. 4883 of 2025 accepting the sale deed of petitioner in view of the Order passed by the Deputy Commissioner, Koderma pursuant to Order dated 29/09/2011 contained in Memo No. 2620 which has already been set aside by the Hon'ble Court on various occasions as apparent from the various Orders passed by this Hon'ble Court as Annexed herewith. 2. 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. 3. In view of the order dated 01.05.2025 of the Division Bench of this Court, the impugned list as contained in memo no. 2620 dated 29.09.2011 passed by Deputy Commissioner, Koderma (Annexure-3 of the present writ petition) is, hereby, quashed, so far as the petitioner is concerned. 4. Accordingly, the present writ petition stands disposed of. 5. Pending interlocutory application, if any, stands disposed of. (Rajesh Kumar, J.) A.Mohanty