Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 26595 (JHR)

SITA RAM SHARMA ALIAS SURENDRA NATH MAHATA v. THE STATE OF JHARKHAND THROUGH THE SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS

WPC/6162/2024 · 2025-02-04

Rajesh Shankar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.6162 of 2024 ----- Sita Ram Sharma @ Surendra Nath Mahata, S/o Late Jyoti Lal Sharma @ Jyotilal Mahata, R/o House No.124, Jamgodiya, P.o. & P.S.-Chas, District-Bokaro. .......... Petitioner. -Versus- 1. The State of Jharkhand through the Secretary, Department of Revenue & Land Reforms, Government of Jharkhand, Ranchi. 2. The Deputy Commissioner, Bokaro. 3. The Circle Officer, Chas, Bokaro. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Bhaibhaw Gahlaut, Advocate For the State : Mr. Ashok Kr. Yadav, Sr. S.C.-I Mr. Aditya Kumar, AC to Sr. S.C.-I ----- Order No.08 Date: 04.02.2025 1. The present writ petition has been filed for issuance of direction upon the respondents to make online entry of the Register-II with respect to the petitioner’s land appertaining to Khata No.52, Plot No.1598, measuring an area of 27.02 acres, Mouza-Jamgoria, P.S.-Chas (M), Circle-Chas, District-Bokaro. 2. Learned counsel for the petitioner submits that the petitioner along with his uncle Kanti Bhushan Mahtha filed Title Suit No.41 of 1993 against the State of Bihar & Others in the court of Sub-Judge-II, Chas seeking declaration of their title over the land described in Schedule-B, C & D of the plaint with further prayer to grant decree of permanent injunction restraining the defendants of the said suit from interfering with their possession over the suit land. The said suit was decreed in part vide judgment and decree dated 12th August, 1999 and 23rd August, 1999 respectively in favour of the plaintiffs-petitioner and his uncle namely Kanti Bhushan Mahtha only with respect to the Schedule-B property appertaining to Khata No.52, Plot No.1598 measuring an area of 27.02 acres. The present writ petition is concerned with the land of the said Schedule-B property only. 3. It is further submitted that despite issuance of rent receipts in the name of petitioner’s grandfather till the year 1989-90 and subsequently the petitioner and his uncle Kanti Bhushan Mahtha having got the decree with respect to the said land in the aforesaid title suit, online entry of Register-II of the said land was not made in favour of the petitioner and Kanti Bhushan Mahtha/his legal heirs. 4. It is also submitted that the petitioner has already made applications before the respondent nos.2 & 3 for making online entry of Register-II of the said land, as would be evident from Annexure-4 series to the writ petition, pursuant to which the Deputy Collector Land Reforms, Chas vide letter no.212, dated 8th April, 2023 has directed the respondent no.3-Circle Officer, Chas to take step according to law after verifying the records, no further step has been taken by the said respondent in this regard. 5. Mr. Ashok Kr. Yadav, learned Sr. S.C.-I, appearing on behalf of the respondents submits that in fact, the respondent no.3-Circle Officer, Chas himself is the revenue authority and hence, he is competent to take appropriate steps in accordance with law on the petitioner’s application. 6. Having heard learned counsel for the parties and considering the nature of the prayer made in the writ petition, without entering into merit of the case, the petitioner is given liberty to prefer a fresh representation along with relevant documents on the present issue before the respondent no.3-Circle Officer, Chas. On receipt of the said representation, the respondent no.3-Circle Officer, Chas shall take up the present matter and after verifying the relevant records as well as on providing due opportunity of hearing to the petitioner/his representative, shall take an appropriate informed decision in accordance with law within eight weeks from the date of filing of the application. 7. The writ petition is, accordingly, disposed of with the aforesaid liberty and direction. (Rajesh Shankar, J.) Vikas/