VIVEK BUBNA v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVERNMENT OF JHARKHAND
WPC/2860/2025 · 2025-10-14
Deepak Roshan
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 33236 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33236 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:32210 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 2860 of 2025
--------- Vivek Bubna, aged about 52 years, son of Late Krishna Kumar Bubna, resident of Flat no. 601, Lavkush Apartment, Sri Ram Vatika Complex, Near Dainik Jagran Press, Dhaiya, P.O. ISM, P.S. Dhanbad, District Dhanbad.
......Petitioner
Versus
1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, having its office at Project Building, P.O. & P.S. Dhurwa, District Ranchi.
2. The Deputy Commissioner, Dhanbad, P.O. & P.S. Bank More, District Dhanbad.
3. The Additional Collector, Dhanbad, P.O. & P.S. Bank More, District Dhanbad.
4. The Land Reforms Deputy Collector, Dhanbad, P.O. & P.S. Bank More, District Dhanbad.
5. The Circle Officer, Dhanbad, P.O. & P.S. Bank More, District Dhanbad.
.....Respondents
---------
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
--------- For the Petitioner : Mr. Gaurav Raj, Advocate For the Respondents : Mr. Suraj Prakash, Advocate
--------- C.A.V. ON: 07.10.2025 PRONOUNCED ON: 14/10/2025
1.
The instant writ application has been preferred by the petitioner praying therein for the following reliefs: (A) For quashing and setting aside of the order dated 16.04.2025 passed in Misc. Case No. 42/2023 (Annexure-7) whereby and whereunder the Ld. Deputy Commissioner, Dhanbad (Respondent No. 2) has rejected the prayer of the petitioner to remove the land situated at Mouza Dhanbad, Mouza No. 51, Khata No. 157, Plot No. 623, Area 13.7 decimals from the 'National Generic Document Registration System' (herein referred to as NGDRS) assigning the reason that the land has been shown as 'Gair Abad' which is perverse to the record. (B) For direction upon the respondents to take proper and immediate steps for the removal of the scheduled property from the NGDRS list wherein the land has been erroneously shown as 'Gair Abad' as the land in question is owned and possessed by the Petitioner having marketable title.
2.
The brief facts of the case as it appears from the writ application are that the land in question was purchased and mutated in the name of the petitioner’s grandmother. Thereafter,
2025:JHHC:32210 2 the petitioner got the land through devolution and the petitioner continued to deposit the rent and receipt was issued till the year
2024. Thereafter, he came to know that his property was put in prohibited list thereby restricting the sale and purchase of the land in question. Consequently, the petitioner filed an application for removal of land from NGDRS list which was rejected by order dated 16.04.2025 by the Deputy Commissioner, Dhanbad.
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).
4.
Learned counsel for the Respondents could not dispute the aforesaid position.
5.
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.
6.
Therefore, for the reasons alike, the instant writ application stands allowed and the order dated 16.04.2025, is hereby, quashed and set aside and the concerned respondent is
directed to take immediate steps for the removal of the property from the NGDRS list within a period of four weeks from the date of
2025:JHHC:32210 3 receipt/production of copy of this order.
7.
Pending I.A.s, if any, also stand closed.
(Deepak Roshan, J.) OCTOBER 14, 2025 vikas/- NAFR UPLOADED 17/10/2025