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2025 DAILYLAW 5826 (JHR)

KIRTAN CHANDRA MONDAL v. THE STATE OF JHARKHAND THROUGH THE SECRETARY, DEPARTMENT OF REGISTRATION, REVENUE AND LAND REFORMS

WPC/1154/2025 · 2025-06-10

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:14964 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 1154 of 2025 ----- 1. Kirtan Chandra Mondal, S/o Late Ram Charan Mondal, R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad 2. Bishwanath Mondal, S/o Late Ram Charan Mondal, R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad 3. Pashupati Mondal, S/o Late Rash Bihari Mondal, R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad 4. Kartik Mondal, S/o Late Rash Bihari Mondal, R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad 5. Sripati Mondal, S/o Late Rash Bihari Mondal R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad 6. Navin Mondal, S/o Late Rash Bihari Mondal R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad 7. Haldhar Mondal, S/o Late Bikal Mondal R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad 8. Birendra Mondal, S/o Late Bikal Mondal R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad 9. Hiren Kumar Mondal, S/o Late Bikal Mondal R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad … …. Petitioners Versus 1. The State of Jharkhand through the Secretary, Department of Registration, Revenue and Land Reforms, Officiating from his office at Project Bhawan, P.O. & P.S.-Dhurva, Dist.-Ranchi 2. Deputy Commissioner, Dhanbad, officiating from his office at O/o the Deputy Commissioner, P.O & P.S.-Deoghar, Dist.-Dhanbad 3. Circle Officer, Dhanbad officiating from his office at O/o the Circle Officer, P.O. & P.S.-Deoghar, Dist.-Dhanbad … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioners : M/s Prashant Pallav, Advocate Parth Jalan & Shivani Jaluka, Advocates For the State : Mr. Rakesh Kr. Roy, AC to GA-III ----- Oral Order 04 / Dated : 10.06.2025 1. The instant writ petition has been filed under Article 226 of the Constitution of India for direction to remove the scheduled property from the prohibited list of the National Generic Document Registration System (NGDRS) by which the land has been put in prohibited list for registration. 2. As per the case of the petitioners, the land pertaining to Khata 2025:JHHC:14964 2 No.741/142 appertaining to Plot No. 1171/3696 measuring an area 2.90 acres and the land measuring an area of 2.68 acres within Khata No. 741/142 appertaining to Plot Nos. 1168/3696, 1169/3696, 1170/3696, 1328/3696 and 1329/3696, Mouza Kolakusma, Dhanbad was settled by the ancestors of the petitioners vide registered Patta dated 29.09.1945. 3. The petitioners purchased the said land and after purchase, the land was duly mutated in their name. By the impugned prohibited list, the scheduled land has been put in the non-registrable category. The petitioners submitted representation which was registered as Miscellaneous Case No.46 of 2022 for release of land from the prohibited list. 4. It is contended by the learned counsel that the Deputy Commissioner has no jurisdiction to restrain the transfer of land by putting it in the prohibited list, in view of the settled law on the point by this Court. 5. From the submissions advanced, it appears that the application for release of the land from the prohibited list has not been disposed of. Accordingly, the Deputy Commissioner, Dhanbad (respondent no. 2) is directed to dispose of Miscellaneous Case No.46 of 2022 in the light of settled law, within six weeks from the date of receipt/production of a copy of this order. Writ Petition is disposed of. Interlocutory Application, if any, is disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra