Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 19367 (JHR)

NITA TAGORE v. STATE OF JHARKHAND

WPC/2815/2021 · 2025-09-22

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:29244 1 W.P.(C) No. 2815 of 2021 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2815 of 2021 1a. Nita Tagore aged about 60 years wife of Late Himendra Nath Tagore. 1b.Himadri Nath Tagore aged about 33 years son of Late Himendra Nath Tagore Both are resident of “HITBASH”, Hazaribag Road, Near Surendra Nath Centenary School, P.O. Bariatu, P.S.-Sadar, District- Ranchi ….........Petitioner(s) Vrs. 1. State of Jharkhand 2.The Deputy Commissioner, Ranchi, P.O., G.P.O,P.S. Kotwali, District- Ranchi 3.Land Reforms Deputy Collector, Ranchi Collectorate, Ranchi, P.O., G.P.O., P.S. Kotwali and District-Ranchi-834001 4.The Circle Officer, Baragai, Ranchi, P.O. and P.S. Sadar, District- Ranchi 5(a). Pranati Tagore W/o Late Sunando Tagore 5(b). Suprovo Tagore S/o Late Suando Tagore, Both are resident of 109/6A, Hazara Road, Kalighat Circum Agenue, P.O-Kalighat, P.S.- Kalighat, Dist.- Kolkata, West Bengal .......... Respondent(s) ….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Amar Kumar Sinha, Advocate For the Resp.-State : Mr. Shivam Singh, A.C to S.C-II For the Pvt. Resp. : Mr. Abhishek Kumar, Advocate 14/22.09.2025 Heard the learned counsel for the parties. 2. The description of the land is as follows: The lands measuring 5.12 acres appertaining to Plot No. 764 under R.S. Khata No. 161 situated at Mauza Gari Thana No. 194, District Ranchi 3. It appears that petitioner is the mutation holder of the above land since 1956. 4. The private respondent is the family member. An application was filed by the private respondent for entry of his name in Register-II numbered as Vivid Vaad No. 01/16-17 (विविध िाद सं०-01/16-17), which has been rejected. 5. It further appears that thereafter an appeal has been numbered as Vivid (Jamabandi) Vaad Sankhya-630/2016-17[विविध (जमाबन्दी) िाद संख्या-630/2016-17] before the LRDC, Ranchi wherein the LRDC has 2025:JHHC:29244 2 W.P.(C) No. 2815 of 2021 resolved the family dispute and the title of the parties, which is otherwise not permissible. 6. It further appears that thereafter husband of the private respondent has preferred civil suit being Original Suit No. 223 of 2021, which has been dismissed as withdrawn vide order dated 28.07.2025, passed by Civil Judge (Junior Division), Ranchi, which is annexed as Annexure-17 to the supplementary affidavit filed by the petitioner. 7. Thus, it is an admitted position that the present case is neither a case of inheritance mutation nor transfer mutation and at best it is a family settlement, which can be resolved either by the agreement between the parties or by intervention of the Civil Court. 8. The jurisdiction of the Civil Court has been invoked and the case has been withdrawn. 9. In that view of the matter, the writ petition is allowed. The impugned order at Annexure-8 i.e., order dated 23.03.2021 passed by the Land Reforms Deputy Collector, Ranchi in Vivid (Jamabandi) Vaad Sankhya-630/2016-17 is set aside. 10. However, parties are at liberty to work out their further remedy, if any, in accordance with law. (Rajesh Kumar, J.) 22.09.2025 A.Mohanty