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2025 DAILYLAW 33305 (JHR)

ASHFAQUE AHMAD v. THE STATE OF JHARKHAND

WPC/5667/2025 · 2025-10-13

Deepak Roshan

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:31770 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5667 of 2025 Ashfaque Ahmad, aged about- 40 years, Son of Latifur Rahman, Resident of -H. No.- 19, Islampur, Pirutola, P.O.- Echapiri, P.S.-Pithoria, District- Ranchi, Jharkhand. ... … Petitioner(s) Versus 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. & P.S.- Dhurwa, District-Ranchi, Jharkhand. 3. The Deputy Commissioner, Ranchi, At Collectorate Building, P.O. G.P.O., P.S. Kotwali, District- Ranchi, Jharkhand. 4. The Additional Collector, Ranchi, At-Collectorate Building, P.O.- G.P.O., P.S.-Kotwali, District- Ranchi, Jharkhand. 5. The Land Reform Deputy Collector, Ranchi, At-Collectorate Building, P.O.- G.P.O., P.S.- Kotwali, District-Ranchi, Jharkhand. 6. The Circle Officer, Kanke Anchal, Kanke, At- Kanke, Р.О. & P.S.- Kanke, District- Ranchi, Jharkhand. ... … Respondent(s) CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Shashank Kumar, Advocate Mr. Harsh Chandra, Advocate Mr. Saif Ali Ansari, Advocate For the State : Mr. Mohan Kumar Dubey, AC to AG -------- Order No.02 /Dated: 13th October 2025 The instant writ application has been preferred by the petitioner praying therein for the following reliefs: “For issuance of appropriate writ(s)/ order(s)/ direction(s) particularly in the nature of Certiorari for quashing the list of prohibited land issued for prohibited of registration of transfer of land (Annexure-6) so far as it relates to the petitioner, which is uploaded on the website of the Government of Jharkhand by The Revenue, Registration and Land Reforms Department, State of Jharkhand. Further the petitioner prays for issuance of appropriate writ(s)/ order(s)/ direction(s) directing the respondents to remove the land in question from the prohibited list of National Generic Document Registration System ( NGDRS). Further the petitioner prays for issuance of appropriate writ(s)/ order(s)/ direction(s) in the nature of mandamus commanding upon the respondent authorities to accept rent and issue rent receipt of the land in question in the garb of showing the land in question in prohibited list unilaterally prepared by the respondents. 2025:JHHC:31770 2 AND/OR For any other appropriate relief (s), for which the petitioners may be found entitled in law and equity.” 2. The brief facts of the case as per the pleadings are that the land in question i.e., Khata No. 211, Plot No. 125, 851, 854, 742 Mouza- Sutiambe, Thana No. 08, admeasuring an area 19.31 acres was acquired by the grandfather of the Petitioner by way of Hukumnama from Maharaja Pratap Udainath Shadeo on 10.04.1944. In Case No. 01R8II/1952-1953, by order of LRDC, Ranchi Jamabandi was opened and bandobasti was created in the name of grandfather of the Petitioner (Taidur Rahman). Thereafter, the land was mutated in the name of father of the Petitioner through Mutation Case No. 20R-27 of 1960-61 and accordingly rent was paid since then and the grandfather of the Petitioner was paying rent continuously but the State authorities stopped issuing rent receipt from the year 1968. Thereafter, father of the Petitioner continuously approached the respondent authorities for issuance of rent receipt but nothing was done and the aforesaid land has been placed in the prohibited list and the same has been entered in the year 2020 by the Deputy Commissioner, Ranchi. However, the Petitioner has been in peaceful possession of the said land. 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 with the case of Brinda Devi 2025:JHHC:31770 3 Agarwal (supra), the instant writ application stands allowed and the concerned respondent is directed to issue rent receipt on payment of rent of the land in question without giving effect to Annexure-6 so far as it relates to Petitioner issued by Deputy Commissioner, Ranchi prohibiting the transfer of land within a period of four weeks from the date of receipt/production of copy of this order. 7. Pending I.A.s, if any, also stand closed. (Deepak Roshan, J.) 13th October 2025 Amit Uploaded on 10/11/2025