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2025 DAILYLAW 14285 (JHR)

SOMU KUMAR VERMA v. THE STATE OF JHARKHAND

WPC/4837/2025 · 2025-09-09

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:27268 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.4837 of 2025 Somu Kumar Verma aged about 27 years, S/o- Late Binay Kumar Verma, R/o Ward No.-01, Vill – Gumo, Barwadih, P.O & P.S – Telaiya, Dist. - Koderma. …… Petitioner Versus 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. …... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. Ashok Kr. Sinha, Advocate Ms. Micky Kumari, Advocate For the Resp.-State : Mr. M. K. Dubey, A.C to A.G --------- 02/Dated: 09 th September, 2025 1. Heard learned counsel for the parties. 2. The present writ petition has been filed for the following relief :- “(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 receipts have been issued by the Revenue Authority of the Koderma District in favour of ancestors / forefather of the petitioner till the year of 2010. (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 - 1 - W.P.C No.4837 of 2025 2025:JHHC:27268 concerned respondents to accept the Sale Deed of petitioners land pertaining to Khata No.-220/616, Plot No.- 6213, Mouza- Gumo, Thana No. 12 measuring an total area of 0.97 Acres of land situated at District Koderma and register the aforesaid Raiyati lands in the name of the purchaser after presenting the Sale Deed before Respondent no. 3 as the Respondent authorities especially the Respondent No-3 is in Contempt of Court by violating the various Orders passed by the Hon'ble Court by still not 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.” 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 vires 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.4837 of 2025