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2025 DAILYLAW 14331 (JHR)

JAIKURAN BIBI v. THE STATE OF JHARKHAND, THROUGH THE SECRETARY, DEPT. OF REVENUE AND LAND REFORMS,

WPC/2739/2025 · 2025-07-25

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:20464 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2739 of 2025 Jaikuran Bibi, W/o Late Latif Miyan, R/o Urdu Prathmik School, Tabhaghat, PO & PS-Jasidih, District-Deoghar… Petitioner Versus 1. The State of Jharkhand through the Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Ranchi 2. The Deputy Commissioner, Deoghar 3. The Sub-Divisional Officer, Deoghar 4. The In-charge of District Records Room, Deoghar … … Respondents CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Niranjan Kumar, Advocate For the Respondents : Mrs. Sweta Shukla, AC to AAG-II ----- 02/25.07.2025 The present writ petition has been filed for issuance of direction upon the concerned respondent to provide certified copy of Khatiyan (Parcha) of Jamabandi Nos. 10, 40 & 52 of Mouza- Tabhaghat, Mouza No. 208, Thana-Jasidih, District-Deoghar to the petitioner. 2. Learned counsel for the petitioner submits that the petitioner is the legal heir of one of the recorded tenants of the last Survey Settlement i.e., Gantzer Settlement appertaining to the land being Jamabandi Nos. 10, 40 & 52 of Mouza-Tabhaghat, Mouza No. 208, Thana-Jasidih, District-Deoghar. She filed Original Partition Suit No. 204/2016 with respect to the aforesaid land in the court of Civil Judge (Senior Division), Deoghar against her co-sharers for partition of the suit property by allotting separate ‘takhta’ as per her legal share and for delivery of possession as well as for cost of the suit. 3. In the said suit, notices were issued to the defendants/co-sharers in which they appeared and filed their 2 written statement and the same is pending at the stage of evidence. The petitioner being the plaintiff in the said suit has to file copy of the said khatiyan (parcha) as documentary evidence in support of her title and possession with regard to the said land for which she applied for certified copy of khatiyan (parcha). 4. It is further submitted that the petitioner made an application on 09.04.2025 in the office of the respondent no. 2 to obtain the certified copy of the khatiyan (parcha) of the land in question (Annexure-1 to the writ petition), however, the same has not yet been supplied to the petitioner, which has compelled her to prefer the present writ petition. 5. Mrs. Sweta Shukla, AC to AAG-II appearing on behalf of the respondents, submits that if the petitioner prefers a fresh application seeking certified copy of the khatiyan (parcha) of the aforesaid land in the office of the respondent no. 2 along with the required fee, the same will be furnished to the petitioner, if it is not the subject matter of investigation by the CBI. 6. Having heard learned counsel for the parties and keeping in view the aforesaid submission made by learned counsel for the petitioner regarding issuance of certified copy of the khatiyan (parcha) of the concerned land, the petitioner is given liberty to prefer a fresh application in this regard in the office of the respondent no. 2. On receipt of the said application, the respondent no. 2 shall get the fact verified as to whether the land in question is the subject matter of R.C. Case No. 15(A)/2022-D and R.C. Case No. 16(A)/2012-D. If it is found that the land in question does not 3 pertain to investigation of the aforesaid cases, the respondent no. 2 shall ensure that the certified copy of the same be issued to the petitioner within four weeks from the date of filing of the application/requisition. 7. The writ petition is accordingly disposed of with aforesaid liberty and direction. (Rajesh Shankar, J.) Manish