2025:JHHC:33996 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 593 of 2024 Anusuya Rajgarhia @ Anusuya Devi aged about 82 years, wife of Shri Chandra Kumar Rajgarhia, resident of House No.60, Dr. Meghnath Saha Sarani, Near Menoka Cinema, P.O-Kolkata, P.S- Kolkata, District Kolkata, West Bengal represented through her authorized representative Sri Sanjay Kumar Rajgarhia, aged about 61 years, son of late Benarsi Lal Rajgarhia, resident of BLR, Barganda, P.O & P.S Giridih, Jharkhand. …… Petitioner Versus 1.The State of Jharkhand 2.The Secretary, Dpartment of Registration, Revenue and Land Reforms, Govt. of Jharkhand. 3.The Deputy Commissioner, Koderma 4.The Sub Registrar, Registry Office, Koderma. 5.The Circle Officer, Koderma. ……. Respondents --------- CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Petitioner : Mr. Ajay Kr. Pathak, Advocate : Mr. R.R. Mishra, Amicus Curiae For the State : Mrs. Sunita Kumari, A.C to Sr.S.C-II ----------- ORAL ORDER IN COURT 05/Dated:12th November, 2025 Heard Mr. Ajay Kumar Pathak, learned counsel for the petitioner and Mrs. Sunita Kumari, learned A.C to Sr. S.C-II for the State. 2. This writ petition has been filed on behalf of the petitioner for the following reliefs:- “(i) For issuance of an appropriate writ(s) /order(s) direction(s) particular in the nature of mandamus commanding upon the respondents particular respondent no 3 to immediately and forthwith consider the representation filed by the petitioner on 29.09.2023 with a prayer therein to release the lands of description Khata No 46, Plot no 697, Area 2.09 Acres, situated at village Nawada, P.S. Tilaiya, Thana no 249, District Koderma, State Jharkhand from the prohibited list issued vide Memo no 2620, dated 29.09.2011 2025:JHHC:33996 2 in terms of the orders passed by the Hon'ble Jharkhand High Court in W.P.C. Case No 4089/2013, and L.P.A No 467/2014 and W.P.C. No 2371/2017 and W.P.C. No 4621/2021. (ii) For issuance of an appropriate writ(s) /order(s) direction(s) particular in the nature of mandamus commanding upon the respondents particular respondent no 4 to consider the case of the petitioner to accept the application for execution of sale deed whenever it would be presented with respect of the land of description measuring Area 2.09 Acres, Plot No 697, under Khata no 46, situated at village Nawada, P.S. Tilaiya, Thana no 249, District Koderma, State Jharkhand taking into consideration of the order dated 11.08.2014 passed in W.P.C. NO- 4089/2013 subsequently affirmed by the division bench of the Hon'ble Jharkhand High Court in L.P.A. No 467/2014 whereby and whereunder the condition imposed vide order contented in Memo No 2620 dated 29.09.2011 has been set at rest and directed respondent no 4 to register the sale deeds holding that the condition imposed by the Deputy commissioner Koderma cannot be ground for refusing the sale deed to be registered and also taking into consideration that the restriction put by the respondent no 3 & 4 is ultra violation of section 71 and 74 of the Registration act, and further taking into the consideration that the said lands are the raiyati lands of the petitioner as the valid Jamabandi has been created and the rent receipts are being issued in her name in respect of the land of descriptions stated herein above till date; and for other ancillary reliefs.” 3. Learned counsel for the petitioner submitted that the petitioner is widow lady and rightful owner of land of Khata No.46, Plot No.697, Area 2.18 Acres situated at village Nawada, P.S-Tilaiya, Thana No.249, District Koderma by virtue of registered sale deed dated 25.01.1971 and her name has been mutated which is enclosed as Annexure-2 and the Authorities 2025:JHHC:33996 3 have been issuing rent receipt to her. It is submitted that the Deputy Commissioner, Koderma by blanket notification dated 29.09.2011 had directed for not executing the sale deed and for transfer of the land to other person by the parties. 4. It is further submitted that this Court vide order dated 11.08.2014 passed in W.P.(C) No.4089 of 2013 by the Co- ordinate Bench (Hon’ble Justice R.R. Prasad as then His Lordship was) had quashed the said Memo No.2620 dated 29.09.2011. It is further submitted that State had preferred an Appeal against the said order dated 11.08.2014 passed in W.P.(C) No.4089 of 2013 by filing L.P.A No.467 of 2014 and which was also dismissed on 02.02.2015 by the Hon’ble Division Bench of this Court. Thus, the order dated 11.08.2014 passed in W.P.(C) No.4089 of 2013 has been affirmed by the Hon’ble Division Bench of this Court. Hence the Notification dated 29.09.2011, by which the authorities are not accepting the sale deed in this case, may be quashed in this case also. 5. On the other hand, learned for the State submitted that Notification dated 29.09.2011 (Annexure-3) is proper and no interference is required. It is submitted that on receiving complaints that several persons in collusion of Ex-Jamindars are getting the land transferred in their names, the Deputy Commissioner, Koderma had issued Notification dated 29.09.2011 (Annexure-3). It is further submitted that according to the guidelines vide Gyapank no.1132, the State of Jharkhand vide Notification dated 26.08.2015 had directed that the land i.e. Government land (Gairmazarua Aam Bhumi/ Gairmazarua Khas Bhumi/Forest Land etc.) are prohibited for transfer. It is submitted that the land in question belongs to the State Government and hence the petitioner is not entitled to any relief. 2025:JHHC:33996 4 The petitioner has to show his Jamabandi by showing all the rent receipts also. 6. During course of argument, Mr. R.R. Mishra, has appeared as an Amicus Curiae in this case and has produced the photo copy of order dated 01.05.2025 passed by the Hon’ble Division Bench of this Court comprising of then Hon’ble Chief Justice M.S. Ramchandra Rao and Hon’ble Mr. Justice Rajesh Shankar of this Court in W.P. (C) No.5088 of 2018 and another analogous cases and by which Hon’ble Division Bench of this Court, has set aside the Notification No.1132 dated 26.08.2015 issued under Section 22-A of the Registration Act, let the copy of the judgment dated 01.05.2025 passed in W.P. (C) No.5088 of 2018 and another analogous cases be kept on record of this case. 7. Having heard learned counsel for the parties and on going through the records of this case, it appears that the writ petitioner is a widow lady aged around 82 years and has acquired title of the land having Khata No.46, Plot No.697, Area 2.18 Acres situated at village Nawada, P.S-Tilaiya, Thana No.249 by virtue of registered sale deed dated 25.01.1971 in the district of Koderma. 8. It appears that the name of the petitioner was mutated and correction slip had been issued vide Mutation Case No.174/1971-72 in the name of Anusuya Rajgarhia @ Anusuya Devi, wife of Chandra Kumar Rajgarhia. Annexure-2 series show issuance of rent receipts in her favour. However, vide notification contained in Memo no.2620 dated 29.09.2011 (Annexure-3) a blanket prohibition order has been issued by the Deputy Commissioner, Koderma for not transferring the land and for cancellation of Jamabandi. 2025:JHHC:33996 5 9. It transpires that notification vide Memo No.2620 dated 29.09.2011 issued by the Deputy Commissioner, Koderma has been set aside vide order dated 11.08.2014 (Annexure-4) passed in W.P.(C) No.4089 of 2013 by the Co-ordinate Bench (Hon’ble Justice R.R. Prasad as then His Lordship was) of this Court and which was also affirmed by the Hon’ble Division Bench of this Court in L.P.A No.467 of 2014 vide order dated 02.02.2015 (Annexure-5). 10. It further appears that even the notification dated 26.08.2015 issued by the State of Jharkhand has also been set aside by the Division Bench of this Court vide order dated order dated 01.05.2025 in W.P. (C) No.5088 of 2018 and another analogous cases. 11. In view of the above, the notification issued vide Memo No.2620 dated 29.09.2011 (Annexure-3), is set aside and so far as it relates to the petitioner, the Authorities are directed to permit the petitioner to transfer her land in favour of any person so far as it relates to the land of the writ petitioner of Khata No 46, Plot no 697, Area 2.09 Acres, situated at village Nawada, P.S. Tilaiya, Thana no 249, District Koderma. 12. Accordingly, W.P. (C) No.593 of 2024 is allowed and stands disposed of. (Sanjay Prasad, J.) Dated: 12.11.2025 Saket/-