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2025 DAILYLAW 41548 (JHR)

SUBAL GOPE @ SUBAL KUMAR GOPE v. THE STATE OF JHARKHAND

WPC/6686/2025 · 2025-12-03

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:36142 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6686 of 2025 1. Subal Gope @ Subal Kumar Gope, aged about 56 years, S/o Late Mahadeo Gope; 2. Dinbandhu Gope, aged about 48 years, S/o Late Chandra Mohan Gope; Both are R/o Village Kherabera, Chandankiyari, P.O. & P.S. Chandankyari, District Bokaro. …… Petitioners Versus 1. The State of Jharkhand. 2. The Deputy Commissioner, Bokaro, P.O & P.S Chas, District Bokaro; 3. The Deputy Collector, Land Reforms, Bokaro, P.O & P.S Chas, District Bokaro; 4. The Circle Officer, Chandankyari Circle, P.O. & P.S. Chandankyari, District Bokaro, Jharkhand, 5. The Settlement Officer, Bokaro, having office at Chas, P.O & P.S Chas, District Bokaro. …... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioners : Mr. Lukesh Kumar, Advocate For the State : Mr. Kumar Pawan, A.C to SC (Mines)-III --------- 02/Dated: 03 rd December, 2025 1. The present writ petition has been filed for the following reliefs :- (a) for issuance of appropriate writ(s)/ order(s)/ direction(s) particularly in the nature of certiorari for quashing the list of prohibited land (Annexure-7) issued for prohibition of registration of transfer of land, by the Revenue, Registration and Land Reforms Department, State of Jharkhand; (b) 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); (c) For issuance of appropriate writ(s)/ order(s)/ direction(s) particularly in the nature of mandamus commanding upon the respondents not to refuse - 1 - W.P.C No.6686 of 2025 2025:JHHC:36142 registration of the land in question in the garb of showing the land in question in prohibited list unilaterally prepared by the respondents; (d) For issuance of appropriate writ(s)/ order(s)/ direction(s) particularly in the nature of mandamus directing the respondents open the continuous khatiyan in the name of petitioner and further to make online entry with respect to the land in question on the website of the State Government maintained for the records of land. (e) for issuance of appropriate writ(s)/ order(s)/ direction(s) particularly in the nature of certiorari for quashing the office order dated 31.01.2025 (Annexure -6) passed in case No.7299/ 2023 passed by the respondent no.4, whereby and whereunder the claim of the petitioner for making online register II and issuance of online rent receipt has been rejected.” 2. The description of the land is as follows :- “District Bokaro, Mouza Khedabeda, Circle Chandankiary, P.S. Chandankiary, Thana No.170, Khewat No.2, Khata No.112 (New Khata No.392), Plot No.871 (New Plot No.1340) area measuring 7.68 Acres, and Plot No.930 (New Plot No.1428) area measuring 11 Decimals, total area measuring 8.21 Acres.” 3. The action of the State is based upon the notification No.1132 dated 26.08.2015, which is on the basis of Section 22-A of the Registration Act, 1908. The Section 22-A of the Registration Act, 1908, has already been declared ultra vires by the Division Bench of this Court vide order dated 01.05.2025, passed in W.P.(C) No.5088 of 2018 and analogous cases. 4. In view of the order dated 01.05.2025 of the Division Bench of this Court, the impugned list of prohibited land as contained in Annexure-7 of the present writ petition is, hereby, quashed, so far as the writ petitioners are concerned. - 2 - W.P.C No.6686 of 2025 2025:JHHC:36142 5. Accordingly, the present writ petition stands disposed of. 6. Pending interlocutory application, if any, stands disposed of. (Rajesh Kumar, J.) 03rd December, 2025 Ravi-Chandan/- Uploaded on 04.12.2025 - 3 - W.P.C No.6686 of 2025