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2025 DAILYLAW 6879 (JHR)

PUNI SAHU v. THE STATE OF JHARKHAND

WPC/1785/2025 · 2025-07-03

Gautam Kumar Choudhary

body2025

Judgment text

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2025:JHHC:17763 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 1785 of 2025 ------ Puni Sahu, son of Bhim Sahu, resident of Village Turundu, Pokla, P.O. and P.S. Kamdara, District Gumla .... .... …. Petitioner Versus 1. The State of Jharkhand 2. The Secretary, Revenue, Land Reforms and Registration, having its office at Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi 3. The Deputy Commissioner-cum-District Magistrate, Gumla, P.O. and P.S. Gumla, District Gumla 4. The Land Reforms Deputy Collector, Basia, P.O. and P.S. Basia, District Gumla 5. The Circle Officer, Kamdara, P.O. and P.S. Kamdara, District Gumla 6. Lakhan Sahu, son of Kamta Prasad Sahu 7. Bhikhwa Sahu son of Bhoglo Sahu Sl. Nos.6 and 7 both are residents of Village Titihi, P.O. and P.S. Kamdara, District Gumla .... .... .... Respondents CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Pankaj Kumar Dubey, Advocate For the State : AC to A.G. . ------ Order No.04 / Dated : 03.07.2025 Instant writ petition has been filed for quashing the order in Misc. Appeal No.87 of 2023-24 whereby the order passed in in Misc. Case No.07 of 2021-22 which has been upheld, by which the application for cancelling the Jamabandi running in the name of Dhuma Sahu and others for making entry of the name of Bhim Sahu, has been rejected. 2. Petitioner is the son of Bhim Sahu, and his case in brief is that the predecessor-in-interest of the petitioner was rightful owner of the land of Khata Nos.16 and 18 which were made part of Khewat No.2, Mouza Titihi, P.S. Kamdara and it was privilege land of the Zamindar as Majhias land. The total land of Khewat No.2 is 343.21 acres. Khata Nos.16 and 18 were made from Khewat No.2 appertaining to recent survey Khata No.94 in which thereafter, he received plots measuring an area 24.05 acre. 3. The main contention is that Sale Deed No.651/1935, dated 21.06.1935 was executed with respect to Khewat No.2 which was a total area 343.21 acres, whereas the sale deed has been shown to be executed for 1045.88 acres. This was an inherent anomalous which has not been 2025:JHHC:17763 considered in appeal or revision. 4. On perusal of the impugned orders, it appears that application for cancelling long standing Jamabandi running in the name of Duma Sahu and others, has been dismissed inter alia on the ground that it was long standing Jamabandi which cannot be cancelled without order passed by the competent civil court. This order has been affirmed in revision. Law is settled that a Jamabandi, which has lawfully opened and the parties are in settled possession, the same cannot be cancelled without adjudication by a competent civil court. I do not find any merit in the instant writ petition. Writ Petition stands dismissed. Interlocutory Application, if any, is disposed of. (Gautam Kumar Choudhary, J.) Anit