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High Court of Jharkhand · body

2025 DAILYLAW 18063 (JHR)

AJIT KUMAR SINHA v. THE STATE OF JHARKHAND

WPC/3773/2024 · 2025-01-30

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 3773 of 2024 --- Ajit Kumar Sinha son of Late Sachidanand Prasad, resident of Village- Buxidih, P.O.- Chaitadih, P.S.- Pachamba, District- Giridih … … Petitioner Versus 1. The State of Jharkhand 2. The Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Ranchi 3. The Deputy Commissioner, Giridih 4. The Circle Officer, Town Circle, Sirsia, District- Giridih 5. Lalan Kumar Sinha 6. Baban Kumar Sinha 7. Dharmendra Kumar Sinha @ Fulan All sons of Late Chandrakala Devi and Late Ram Chandra Prasad, residents of village- Buxidih, P.O.- Chaitadih, P.S.- Pachamba, District- Giridih 8. Baby Sinha wife of Sri A.K. Verma and daughter of Late Chandrakakla Devi and Late Ram Chandra Prasad, residents of village- Buxidih, P.O.- Chaitadih, P.S.- Pachamba, District- Giridih …. … Respondents CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Amar Kumar Sinha, Advocate For the Resp. Nos. 1 to 4 : Ms. Sweta Shukla, A.C. to A.A.G.-II Order No. 06 Dated: 30.01.2025 The present writ petition has been filed for issuance of direction upon the Circle Officer, Town Circle, Sirsia, District- Giridih (the respondent no. 4) to cancel the “Parallel Jamabandi” created in the name of Chandrakala Devi (mother of the respondent nos. 5 to 8) with respect to the land appertaining to Khata No. 155, plot no. 311, Mouza-Buxidih, District-Giridih measuring an area of 0.10 acre without following due process of law as, according to the petitioner, the “Jamabandi” of the said land had been running in the name of his great grandfather - Ghamandi Lal and the rent 2 W.P.(C) No. 3773 of 2024 receipts for the same were also issued for considerable period by the revenue authorities acknowledging the petitioner’s possession over the same. Further prayer has been made for issuance of direction upon the respondent no. 4 to cancel the ‘Land Possession Certificate’ issued in the name of Chandrakala Devi as, according to the petitioner, the same has been issued in her favour without following due process of law undermining the fact that the petitioner has been in possession of the said land. 2. Learned counsel for the petitioner submits that the petitioner has represented the respondent no. 4 in this regard, however the same has not been responded which has compelled him to prefer the present writ petition. 3. Ms. Sweta Shukla, learned A.C. to A.A.G.-II appearing on behalf of the respondent nos. 1 to 4, submits that if the petitioner prefers a fresh application on the present issue before the respondent no. 4 along with relevant documents, an appropriate decision in accordance with law will be taken within a time frame. 4. Having heard learned counsel for the petitioner as well as the respondent nos. 1 to 4, keeping in view of the nature of prayer made by the petitioner in the present writ petition, without entering into the merit of the case, the petitioner is given liberty to prefer a fresh application on the present issue before the respondent no.4. On receipt of the said application, the respondent no. 4, after providing opportunity of hearing to 3 W.P.(C) No. 3773 of 2024 the petitioner as well as the respondent nos. 5 to 8 and on examining the relevant documents, shall take an appropriate decision in accordance with law within ten (10) weeks from the date of filing of the said application. 5. The writ petition is accordingly disposed of with the aforesaid liberty and direction. Ritesh/ (Rajesh Shankar, J.)