Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:15310
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 1341 of 2025
Arun Karmali, S/o Jeet Ram Karmali, R/o Village-Hesal, P.O.-Hesal, P.S. Angara, Dist.-Ranchi, Jharkhand.
.... .... Petitioner
Versus
1. The State of Jharkhand
2. The Secretary, Revenue and Land Reforms Department, having its office at Project Building H.E.C. Dhurwa, P.O. & P.S- Dhurwa, Dist.-Ranchi Jharkhand.
3. The Deputy Commissioner, Ranchi having its office at Kutchery, P.O. & P.S.-Kutchery, Dist.- Ranchi Jharkhand
4. The Sub-Divisional Officer, Ranchi, having its office at Kutchery, P.O. & P.S.-Kutchery, Dist.- Ranchi Jharkhand
5. The Circle Officer, Angara, P.O. & P.S. Angara, Dist.-Ranchi, Jharkhand.
6. The Deputy Collector Land and Reforms, Ranchi having its office at Kutchery, P.O. & P.S.-Kutchery, Dist.- Ranchi Jharkhand,
7. Bimla Devi, W/o Late Bahuran Mahli, R/o Village- Hesal, P.O.- Hesal & P.S.-Angara, Dist.-Ranchi.
8. Tezrani Devi, W/o Balkishore Sahi R/o Village-Hesal, P.O. & P.S.-Angara, Dist.-Ranchi.
… …. Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner
: Mr. Lakhan Chandra Roy, Advocate For the State
: Mr. P.C Sinha, Advocate
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Order No. 03 / Dated : 12.06.2025.
This writ petition has been filed under Article 226 of the Constitution of India for the following reliefs: i. For direction upon the respondents to stop the measurement of land bearing Khata No. 80, Plot No. 3001, area about 52.69 decimals of Mouza Hesal, Thana No. 19 and also direct upon the respondents not to proceed in Measurement Case No. 34/35 of 2024-25, initiated by private respondent no. 8, till disposal of the writ petition. ii. For direction upon the respondents to issue land possession certificate in favour of the petitioner regarding the land in question of Khata No. 80, Plot No. 3001, area about 1.21 acre, Mouza Hesal, Thana No. 19 by which the petitioner is in continuous possession over the land in question as per agreement dated 16.10.2001.
2025:JHHC:15310
2
It is argued by the learned Counsel on behalf of the Petitioner that Petitioner on the basis of an agreement entered with Bimla Devi (R-7) had entered in possession of the land and have also constructed a dwelling house. It is alleged that Respondent No.8 had purchased the land from Respondent No.7 by way of registered deed of sale. After the said purchase a Measurement Case had been filed to carve out the share of the purchaser. Petitioner had also submitted an application to the Deputy Commissioner, Ranchi, on 14.08.2024, for issuance of land possession certificate.
From the submissions made it appears that petitioner is claiming title on the basis of an agreement of sale, whereas admittedly sale deed has been executed by the land owner (R-7) in favour of Respondent No.8. Law is settled that agreement of sale does not transfer title and the remedy available to party for possession is available in a properly instituted civil suit and not in a writ petition. Therefore prayer no. (i) for stopping measurement is shorn of any merit and, accordingly rejected.
However, the Deputy Commissioner, Ranchi is directed to dispose of the application dated 14.08.2024 filed by the petitioner for issuance of land possession certificate with respect to the land bearing Khata No. 80, Plot No. 3001, area 1.21acre Mouza Hesal, Thana No. 19, within a period of four weeks from the date of receipt/production of a copy of this order.
This Writ Petition stands disposed of.
Pending I.A., if any, also stands disposed of.
(Gautam Kumar Choudhary, J.) Pawan/ -