BINOY KUMAR JHA v. THE STATE OF JHARKHAND, THROUGH THE SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS
WPC/6455/2024 · 2025-01-29
Rajesh Shankar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 29175 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29175 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 6455 of 2024
Binoy Kumar Jha, S/o Nityanand Jha, R/o House No. 87, Jamuni, Ward No. 02, Block-Madhupur, PO-Pathrol, PS-Madhupur, 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
: Mr. Faisal Allam,
AC to SC (Mines)-III -----
03/29.01.2025 The present writ petition has been filed for issuance of direction upon the concerned respondent to forthwith provide certified copy of Khatiyan (Parcha) of Jamabandi Nos. 18, 60 & 81/2 of Mouza-Jamuni, Mouza No. 493 and Jamabandi No. 3/Ka, Mouza-Kushmaha, Mouza No. 0371, Thana-Madhupur and Karon, District-Deoghar to the petitioner.
2.
Learned counsel for the petitioner submits that the petitioner has preferred Original Partition Suit No. 228/2022 against his co-sharers for partition of the property in question. The certified copies of Jamabandi Nos. 18, 60 & 81/2 of Mouza-Jamuni, Mouza No. 493 and Jamabandi No. 3/Ka, Mouza-Kushmaha, Mouza No. 0371, Thana-Madhupur and Karon, District-Deoghar are required in the said suit. It is further submitted that the aforesaid land is not the subject matter of investigation in cases registered by the CBI, Dhanbad being R.C. Case No. 15(A)/2022-D and R.C. Case No. 16(A)/2012-D. Otherwise also, the CBI investigation has already
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W.P.(C). No. 6455 of 2024 been completed and chargesheets have been submitted long back. Despite that, the office of the District Records Room, Deoghar (the respondent no. 4) on the pretext of the aforesaid cases, is not accepting the requisition for supply of certified copies of the documents unless the permission is granted by the respondent no. 2 – the Deputy Commissioner, Deoghar. Accordingly, the petitioner made an application in the office of the respondent no. 2 on 29.10.2024 for supply of certified copy of ‘Parcha’ relating to the said land, however, the same has not yet been supplied to the petitioner, which has compelled him to prefer the present writ petition. 3. Mr. Faisal Allam, AC to SC (Mines)-III appearing on behalf of the respondents, submits that if the petitioner prefers a fresh application seeking certified copy of ‘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. 4. 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 ‘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 pertain to
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W.P.(C). No. 6455 of 2024 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. 5. The writ petition is accordingly disposed of with aforesaid liberty and direction. (Rajesh Shankar, J.) Manish