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2025 DAILYLAW 18043 (JHR)

PUNAM DEVI v. THE STATE OF JHARKHAND

WPC/5149/2025 · 2025-09-17

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:28628 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.5149 of 2025 Punam Devi aged about 57 years, W/o, Late Ram Pravesh Singh, R/o Gas Godown Road Near Shiv Mandir, Jhumri Telaiya, P.O.- Jhumri Telaiya, P.S.- Telaiya, District- Koderma. …… Petitioner Versus 1. The State of Jharkhand. 2. The Secretary, Revenue, Registration and Land Reforms Department, Government of Jharkhand, Jharkhand Secretariat, P.O-Dhurwa Jagannathpur, District -Ranchi. 3. Deputy Commissioner, Koderma, P.O., P.S. & District- Koderma. 4. District Sub- Registrar, Koderma, P.O., P.S. & District- Koderma. 5. Circle Officer, Koderma Anchal, Koderma, Р.О., P.S. & District- Koderma.. …... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. Ashok Kr. Sinha, Advocate Ms. Kumari Priyambada, Advocate For the State : Ms. Rishi Bharti, A.C to AAG-III --------- 02/Dated: 17 th September, 2025 1. Heard learned counsel for the parties. 2. The present writ petition has been filed for the following reliefs :- (a) for issuance of appropriate writ(s), order(s), and/ or direction(s) particularly a writ in the nature of certiorari for quashing of the Order dated 08/07/2024 (Annexure - 8) issued under the signature of Sub-Registrar, Koderma whereby and where under the Sale Deed presented by the petitioner pursuant to the order passed by this Hon'ble Court in W.P.(C) No.- 7259/2023 vide Order dated 18/04/2024 as well as Order passed in the Cont. Case (Civil) No.- 705/2024 but for the one or the other reason and in the garb of Notification dated 26/08/2015 contained in Memo No. 1132 has - 1 - W.P.C No.5149 of 2025 2025:JHHC:28628 rejected/denied the Registration of the land of the petitioner. (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 concerned respondents to accept the Sale Deed of petitioner land pertaining to Khata No.- 663, Kheshra No.- 5827, Mouza-Gumo, P.S. Koderma, Thana No. 12, measuring an area 5.9 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. 4, in view of the order passed by Division Bench of this Hon'ble Court vide order dated 01.05.2025 passed in W.P.(C) No. 5088 of 2018 and other analogous cases whereby Hon'ble Division Bench of this Hon'ble Court has pleased to Struck Down the Notification dated 26/08/2015 contained in Memo No. 1132 and also set aside all orders passed by the Sub Registrars or the officials of the Registration Department pursuant to the notification 26.08.2015.” 3. The description of land is as follows :- “Khata No.-663,Kheshra No.-5827, Mouza – Gumo, P.S. Koderma, Thana No.12, measuring an area 5.9 decimals, District – Koderma.” 4. It has been submitted by the learned counsel for the petitioner that the petitioner has presented the due documents for registration, but the same has rejected on the ground that the land in question comes under the prohibited list. 5. The order of the registering authority is in the teeth of the order passed 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. Since the impugned order dated 08/07/2024 (Annexure-8), passed by the Sub-Registrar, Koderma, is prior to the order passed by the Division Bench of this Court, hence, the same is, hereby quashed and set - 2 - W.P.C No.5149 of 2025 2025:JHHC:28628 aside. 6. The matter is remanded to the registering authority to proceed in the matter in accordance with law, within six weeks from the date of receipt/ production of copy of this order. 7. With the above observation and direction, the present writ petition stands disposed of. 8. Pending interlocutory application, if any, stands disposed of. (Rajesh Kumar, J.) 17th September, 2025 Ravi-Chandan/- - 3 - W.P.C No.5149 of 2025