2025:JHHC:28639 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.380 of 2024 ---- 1. Shankar Sahu, aged about 71 years 2. Birendra Kumar, aged about 59 years, Both sons of Karu Sahu 3. Ganesh Kumar, aged about 46 years, Son of Late Janardan Prasad All residents of village-Pratappur, P.O & P.S Pratappur, District-Chatra, Jharkhand …. …. Petitioners -Versus- 1. The State of Jharkhand 2. The Revenue Secretary, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O Dhurwa, P.S. Jagarnathpur, District-Ranchi, Jharkhand 3. The Deputy Commissioner, Chatra, having its office at Collectoriate Building, P.O & P.S Chatra, District-Chatra, Jharkhand 4. The L.R.D.C Charta, having its office at Collectoriate Building, Chatra, P.O & P.S. Chatra, District-Chatra, Jharkhand 5. The Circle Officer, Pratappur, P.O & P.S-Pratappur, District-Chatra, Jharkhand 6. Dipnarayan Prasad, Son of Late Durga Sahu, Resident of Village Pratappur, P.O & P.S. Pratappur, District Chatra, Jharkhand …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioners : Mr. Umesh Kumar Choubey, Advocate For the State : Mr. Ankit Kumar, AC to SC-I For the Respondent No.6 : Mr. Zaid Ahmad, Adv. ---- 08/Dated: 17th September, 2025 1. Heard the parties. 2. The present writ petition has been filed by the petitioners for quashing the order dated 16.06.2023 (Annexure-9) passed by the Deputy Commissioner- cum-District Magistrate, Chatra in Mutation Revision Case No.11/2016-17, whereby, the respondent No.3 has dismissed the Mutation Revision Case of the petitioners and upheld the order dated 05.05.2015 passed by the Land Reforms Deputy Collector, Chatra in Mutation Appeal No.23 of 2012, who has affirmed the order dated 23.03.2006 (Annexure-7) passed by the Circle Officer, 2025:JHHC:28639 2 W.PC No.380 of 2024 Pratappur, Chatra in Miscellaneous Case No.705 of 2006 by which the long running Jamabandi of the petitioners has been cancelled. 3. The description of the land is as follows:- ‘Land pertaining to Khata No.115, Plot No.292 and bearing area 3 decimals and Plot No.293, Total Measuring Area 7 Decimals.” 4. Pursuant to the order dated 10.09.2025, Mr. Vikash Kumar Tuddu, Circle Officer, Pratappur, Chatra is physically present before this Court. 5. It appears that the land, in question, has been recorded in the name of Hari Sao, Gauri Sao both sons of Bihari Sao and Mathura Sao, S/o-Gudar Sahu belonging to the same family have equal shares. An application has been filed by the respondent namely, Dipnarayan Prasad, who has claimed himself to be the grand son of Mathura Sao and on that basis, mutation has been done in the favour of the private respondent. 6. Learned counsel for the petitioners has submitted that it is a family dispute and without notice to them the impugned proceeding has been initiated which is per se without jurisdiction. Further, it has been submitted that in the said proceeding, title has been decided which is beyond the competence of the Circle Officer. 7. On the other hand, leaned counsel for the private respondent has submitted that the land in question is a family property, but the ancestors of the present petitioners have sold it in the year 1929 itself in favour of the ancestor of the private respondent No.6. 8. Having heard the learned counsel for the parties and from perusal of the records, it appears that the Circle Officer has committed following illegality:- 2025:JHHC:28639 3 W.PC No.380 of 2024 i. As per the mutation record, it was a family property and it was incumbent upon the Circle Officer to notice the other family members. ii. Only mutation can be inherited on the basis of partition either by an agreement or by competent Civil Court. iii. The claim for the title of a century ago cannot be considered in the mutation proceeding. iv. In any case, title cannot be decided by the Circle Officer. 9. In view of the above discussion, impugned orders dated 16.06.2023 (Annexure-9) passed by the Deputy Commissioner-cum-District Magistrate, Chatra in Mutation Revision Case No.11/2016-17, the order dated 05.05.2015 passed by the Land Reforms Deputy Collector, Chatra in Mutation Appeal No.23 of 2012 and the order dated 23.03.2006 (Annexure-7) passed by the Circle Officer, Pratappur in Miscellaneous Case No.705 of 2006 are hereby, quashed and set-side. However, liberty is reserved with the parties to work out their remedy in accordance with law. 10. Accordingly, the present writ petition is hereby, disposed of. 11. The personal appearance of Mr. Vikash Kumar Tuddu, Circle Officer, Pratapur, Chatra is hereby, dispensed with. (Rajesh Kumar, J.) 17th September, 2025 Raja/- Uploaded