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2025 DAILYLAW 7316 (JHR)

MAHENDRA MAHTO v. THE STATE OF JHARKHAND THROUGH THE SECRETARY REVENUE REGISTRATION AND LAND REFORMS DEPARTMENT

WPC/992/2024 · 2025-01-02

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 992 of 2024 Mahendra Mahto ….. Petitioner Versus 1. The State of Jharkhand, through the Secretary, Revenue, Registration & Land Reforms Department, Government of Jharkhand, Ranchi 2. The Deputy Commissioner, Ranchi 3. The Additional Collector, Ranchi 4. The Deputy Collector Land Reforms, Sadar, Ranchi 5. The Circle Officer, Kanke, Ranchi ….. Respondents ----- CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner: Mr. Gopal K. Sinha For the Respondents: Mr. Saurabh Sagar, A.C to S.C-III ----- 05/02.01.2025 The present writ petition has been filed for quashing the order dated 09.11.2023 passed by the respondent No.5 in Mutation Case No. 5060 R27/2023-2024 whereby the petitioner’s application for opening the Jamabandi for the land appertaining to Khata No. 42, Plot Nos. 558 & 610, Mouza- Malsiring, P.S-Kanke, District-Ranchi, measuring an area of 7 Decimals & 38 Decimals respectively has been rejected. Further prayer has been made for issuance of direction upon the respondent No.5 to pass a fresh order in this regard after providing due opportunity of hearing to the petitioner and on considering the documents submitted by him with respect to the said claim. 2. Mr. Saurabh Sagar, learned A.C to S.C-III appearing on behalf of the respondents, raises a preliminary objection with regard to the maintainability of the present writ petition on the ground that the petitioner has got alternative/ statutory/efficacious remedy of preferring an appeal under Section 15 of the Jharkhand Tenants Holding (Maintenance of Records) Act, 1973 [hereinafter referred to as ‘the Act, 1973’] before the concerned appellate authority against the impugned order dated 09.11.2023 passed by the respondent No.5 in Mutation Case No. 5060 R27/2023-2024. 3. Having heard learned counsel for the parties and considering that the petitioner has got alternative/statutory/efficacious remedy of preferring an appeal under Section 15 of the Act, 1973 against the impugned order dated 09.11.2023 passed by the respondent No.5 in Mutation Case No. 5060 R27/2023-2024, I am not inclined to entertain the present writ petition at this stage. However, if the petitioner prefers an appeal against the impugned order dated 09.11.2023 passed by the respondent No.5 in Mutation Case No. 5060 R27/2023-2024 before the concerned appellate authority along with an application seeking condonation of delay by 24.01.2024, the said application shall be considered liberally and the appellate authority shall dispose of the said appeal on its merit after providing due opportunity of hearing to the petitioner and other concerned person(s), if so required, within two months from the date of filing of the said appeal. 4. The present writ petition is accordingly disposed of with the aforesaid liberty and direction. Satish/- (RAJESH SHANKAR, J)