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High Court of Jharkhand · body

2025 DAILYLAW 5403 (JHR)

DEVASHISH YADAV v. THE STATE OF JHARKHAND

WPC/1612/2025 · 2025-06-25

Gautam Kumar Choudhary

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:16893 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 1612 of 2025 ----- Devashish Yadav, S/o Raj Kumar Yadav, R/o Hatpara, P.O.-Pakur, P.S.- Pakur(T), Dist.-Pakur … …. Petitioner Versus 1. The State of Jharkhand 2. The Secretary, Department of Revenue, Registration and Land Reforms, Govt. of Jharkhand, Office at Project Building, Dhurwa, P.O. & P.S.- Dhurwa, Dist.-Ranchi 3. The Deputy Commissioner, Pakur, P.O. & P.S.-Pakur, Dist.-Pakur 4. The Sub-Divisional Officer, Pakur, P.O. & P.S.-Pakur, Dist.-Pakur 5. The Sub Registrar, Pakur, P.O. & P.S.-Pakur, Dist.-Pakur 6. The Divisional Forest Officer, Pakur, P.O. & P.S.-Pakur, Dist.-Pakur 7. Circle Officer, Pakur, P.O. & P.S.-Pakur, Dist.-Pakur 8. Village Pradhan of Gokulpur Village namely, Sanjhl Murmu, W/o Rafaile Hansda, R/o Gokulpur, P.O.-Gokulpur, P.S.-Pakur(T), Dist.- Pakur … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : Mr. Md. Yasir Arafat, Advocate For the State : Mr. Krishna Kr. Bhatt, AC to SC-1 ----- Oral Order 05 / Dated : 25.06.2025 1. The instant writ petition has been filed for direction upon the respondents to hold an enquiry with regard to registration of sale deed with respect to non-transferable land of Mouza Gokulpur in violation of the provision of Section 20 of the Santhal Pargana Tenancy Act (for short SPT Act) and further for eviction of illegal occupants under Section 25 of the SPT Act. 2. It is submitted by learned counsel for the petitioner that the land in question is non-transferable, but, despite this, the Registering Authority got the deed transferred which is in violation to the specific provision of the SPT Act. Further, after the said transfer, the transferee has come in possession and, therefore, a direction has been sought for eviction of the private respondents in the instant writ petition. 3. Having considered the submission advanced on behalf of the petitioner, this Court is of the view that the matter involves claim of title and recovery of possession for which the instant writ petition is not 2025:JHHC:16893 2 maintainable. Even if it is assumed for the sake of argument that the transfer was in violation of Section 20 of the SPT Act, the Registrar cannot reopen the matter by holding an enquiry. For declaration that the sale deed was not binding, being violative of the provisions of SPT Act and for recovery of possession against a private party, Petitioner has an alternative remedy and so the instant writ petition is not maintainable. This writ petition being devoid of any merit stands dismissed with a cost of Rs.1000/-. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra