1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6694 of 2023 ------- Jitendra Kumar, son of Bahadur Gope, aged about 29 years, resident of village Mandaikhurd, P.O. Reformatory School, P.S. Lohsinghna, District Hazaribag ...… Petitioner Versus 1. The State of Jharkhand 2. Secretary, Department of Revenue, Registration and Land Reforms, having its office at Project Bhawan, P.O. + P.S. Dhurva 3. The Commissioner, North Chotanagpur Division, Hazaribag, P.O. + P.S. + District Hazaribag 4. The Commissioner, North Chotanagpur Division, Hazaribag, having office at Hazaribagh P.O. + P.S. + District Hazaribag 5. The Deputy Commissioner, Hazaribagh, having office at Hazaribagh, P.O. + P.S.+ District- Hazaribagh 6. Additional Collector, Hazaribagh, having its office at Hazaribagh, P.O. + P.S. + District Hazaribagh 7. The Deputy Collector Land Reforms, Hazaribag having office at Hazaribag Collectorate, Hazaribag, P.O.+P.S. Hazaribag, District Hazaribag 8. S.D.O., Hazaribagh, P.O. + P.S. Hazaribagh, District Hazaribag 9. The Circle Officer, Sadar, P.O. P.S. Sadar, District Hazaribag 10. Registrar, Jharkhand having its office at Kutchery, P.O. + P.S. - G.P.O, District- Ranchi 11. Sub-Registrar, Hazaribagh, having its office at Hazaribagh, P.O. + P.S. + District- Hazaribagh …. Respondents ------- CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner : Mr. Pratik Sen, Adv. For the Res-State : Mr. Saurabh Sagar, AC to SC-III ------- 05/Dated:28.02.2025 1. The instant writ application has been preferred by the petitioner for quashing the list (Part of Annexure- 5) obtained through RTI to the extent, whereby the land of the petitioner has been declared as a Gair Mazrua 2 Khas and accordingly has been put under the category of “Pratibandhit Suchi” as a consequence to which no sale or registration of land pertaining to Mauza Nawadiha Khata no. 47 (47/89 and 47/82) Plot No. 970, area admeasuring an area of 4 acres can take place OR for directing the concerned respondent authorities to remove the said lands from Pratibandhit Suchi by adopting due process of law as per the notification dated 07.09.2021. 2. The brief facts of the case are that the grandfather of the petitioner namely, Keda Gope, had acquired the land in question by virtue of settlement by the Government in the year 1971. Keda Gope died leaving behind 3 sons Ghanshyam Gope, Bahadur Gope and Sanjay Yadav. The petitioner happens to be son of Bahadur Gope. It is, however, noteworthy to mention herein that the rent receipts were issued in the name of Keda Gope till 1996. The petitioner was in peaceful possession of the land and had constructed dwelling house over the said land. Thereafter, in course of time, the land of the petitioner had been put in the category of Pratibandhit Suchi. In an RTI query, a response was provided on 04.11.2023 annexing a list of lands which were put under the category of Gair Mazarua Khas. The petitioner 3 submits that a notification dated 07.09.2021 was obtained through website of Department of Revenue, Registration and Land Reforms. Thereafter, an application was made before the Deputy Commissioner Hazaribag and Additional Collector Hazaribag to remove the said land from the Pratibandhit Suchi; however, nothing happened till date; hence, this writ application. 3. Learned counsel for the petitioner submits that the core issue has already been decided and the present writ application is covered by the judgment dated 13th December, 2024 passed in W.P.(C) No. 847 of 2023 (Brinda Devi Agarwal Vs. State of Jharkhand). Learned counsel for the Respondents could not dispute the aforesaid position. 4. Even otherwise, in view of the fact that the Respondent authorities are not vested in any law to exercise any jurisdiction affecting the right, title and interest of any individual. It is only the Civil Court of competent jurisdiction, who will decide such issue. Placing any property in prohibited list is a colourable exercise of power and the State authorities cannot be the judge of its own cause. 5. Therefore, for reasons alike, the instant writ application stands allowed and the concerned Respondent is hereby directed to ensure that the land of 4 the petitioner is removed from Pratibandhit Suchi within a period of 4 weeks from the date of receipt/production of copy of this order. Pending I.A.s, if any, also stand closed. (Deepak Roshan, J.) Fahim/-