2025:JHHC:21279 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3562 of 2025 1. Sanjay Kumar Barnwal, aged about 60 years, Son of Late Narayan Modi, Resident of Gandhi High School Road, Jhumari Telaiya, P.O. & P.S. Jhumri Telaiya, District Koderma, Jharkhand – 825409. 2. Deepak Kumar Barnwal, aged about 54 years, Son of Late Khushru Modi, Resident of Gandhi High School Road, Jhumari Telaiya, P.O. & P.S. Jhumri Telaiya, District Koderma, Jharkhand - 825409. …… Petitioners Versus 1. State of Jharkhand through Chief Secretary, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. & P.S. - Dhurwa, District Ranchi, Jharkhand. 2. Commissioner, North Chottanagpur Division, Hazaribagh, having office at Hazaribagh, P.O- Hazaribagh, P.S- Sadar, District- Hazaribagh. 3. Deputy Commissioner, Koderma, having its office at Collectoriate Building, Koderma, P.O. & P.S. District - Koderma, Jharkhand. 4. District Sub-Registrar, Koderma, having its office at Collectoriate Building, Koderma, P.O. & P.S. District Koderma, Jharkhand. 5. Land Reforms Deputy Collector, Koderma, having its office at Collectoriate Building, Koderma, P.O. & P.S. Koderma, District - Koderma, Jharkhand. 6. Circle Officer, Koderma Circle, having its office at Circle Office at Koderma, P.O. & P.S. - Koderma, District – Koderma, Jharkhand. …... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioners : Mr. Amritansh Vats, Advocate For the State : A.C to A.A.G-III --------- 02/Dated: 31 st July, 2025 1. The present writ petition has been filed for the following reliefs :- (a) for issuance of an appropriate writ(s), order(s), direction(s) or a writ in the nature of Mandamus directing upon the respondent authorities to take appropriate steps for removing the land of the petitioners from the prohibited/restricted list of National Generic Document Registration System (NGDRS), pursuant to the order as contained in Memo - 1 - W.P.(C) No.3562 of 2025 2025:JHHC:21279 No. 2620, dated 29.09.2011 and Memo No. 2640, dated 30.09.2011 to the land appertaining to Khata No. 9, Plot No. 52, having area about 0.52 acres, Plot No. 58, area about 0.53 acre and plot no. 61, area about 0.66 acres in total 1.70 acres land situated at Mouza Yadutand, Police Station- Telaiya, District – Koderma. (b) for issuance of an appropriate writ(s), order(s), direction(s) or a writ in the nature of Certiorari for quashing of the Memo No.2620, dated 29.09.2011 (Annexure-4) and Memo No. 2640, dated 30.09.2011 (Annexure- 4/1), both issued by the Deputy Commissioner, Koderma so far it relates to the land of the petitioners. (c) for issuance of an appropriate writ(s), order(s), direction(s) or a writ in the nature of Mandamus directing upon the respondents not to impose any restriction on registration of sale deeds and further direction be issued that the order contained in Memo No.2620, dated 29.09.2011 and Memo No. 2640, dated 30.09.2011, both issued by the Deputy Commissioner, Koderma shall not come in the way of registration of sale deeds and the said registration shall not be refused by referring any other orders, if other conditions are satisfied. (d) for issuance of an appropriate writ(s), order(s), direction(s) or a writ in the nature of Mandamus for directing upon the respondent authorities to permit the petitioners to transfer their land by way of registered sale deed after removing the said land from the prohibited list of National Generic Document Registration System (NGDRS) pursuant to the order as contained in Memo No. 2620, dated 29.09.2011 and order contained in Memo No. 2640, dated 30.09.2011, both issued by Deputy Commissioner, Koderma, appertaining to Khata No.9, Plot No.52, 58 and 61 having total area 1.70 Acres, Thana No. 5, District - Koderma. 2. Learned counsel for the petitioners has relied upon the order dated 01.09.2023, passed by the Co-ordinate Bench of this - 2 - W.P.(C) No.3562 of 2025 2025:JHHC:21279 Court in W.P.(C) No.4621 of 2021. Paragraph Nos.8 & 11 of the said order are relevant, which are quoted herein-below :- “8. This Court is of the view that once a jamabandi has been opened by following a proper procedure and the party concerned is accepted as a tenant, the State authorities cannot refuse to accept rent. Registration of a sale deed can also not be denied unless the instrument of transfer of land is barred by any statute. 11. Restriction imposed on registration of sale deed and acceptance of rent from jamabandi raiyat by the State authorities by Memo No.2640 dated 30.09.2011 issued by Deputy Commissioner Koderma is not tenable. Under the aforesaid facts an circumstances, the Circle Officer, Koderma (R-5) is directed to receive the rent from the petitioners with respect to Jamabandi of land running in their name. Further, Memo No.2640 dated 30.09.2011, issued by the Deputy Commissioner Koderma, shall not come in way to the registration of sale deeds and shall not be refused by referring to this memo if the other conditions are satisfied. Writ Petition is accordingly allowed.” 3. In view of above declaration of law, the impugned orders dated 29.09.2011 & 30.09.2011 contained in Memo Nos.2620 & 2640, (Annexure-4) & (Annexure- 4/1) are, hereby, quashed and set aside. 4. The matter is remitted back to the registering authority to consider the claim of the petitioners and pass appropriate order within six weeks from the date of receipt/ production of copy of this order. 5. With the above observation and direction, the present writ petition is, hereby, disposed of. 6. Pending interlocutory application, if any, also stands disposed of. (Rajesh Kumar, J.) Chandan/- - 3 - W.P.(C) No.3562 of 2025