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2025 DAILYLAW 8369 (JHR)

THAKUR JUGAL KISHORE NATH SHAH DEO v. THE STATE OF JHARKHAND, THROUGH THE CHIEF SECRETARY

WPC/1643/2025 · 2025-08-28

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:25988 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1643 of 2025 .... 1. Thakur Jugal Kishore Nath Shah Deo, aged about 57 years, son of Thakur Jogendra Nath Shah Deo, Resident Village-Basargarh, P.O.-Hatia, P.S.-Tupudana, District- Ranchi (Jharkhand), Pin Code-834003 2. Kumar Jai Kishore Nath Shahdeo, aged about 51 years, Son of Thakur Jogendra Nath Shahdeo, Resident Village-Basargarh, P.O.-Hatia, P.S.-Tupudana, District- Ranchi (Jharkhand), Pin Code-834003 3. Nawal Kishore Nath Shahdeo, aged about 49 years, Son of Thakur Jogendra Nath Shahdeo, Resident Village-Basargarh, P.O.-Hatia, P.S.-Tupudana, District-Ranchi (Jharkhand), Pin Code-834003 .… Petitioners Versus 1. The State of Jharkhand, through the Chief Secretary, at Project Building, Dhurwa, P.O.-Dhurwa, P.S.-Jagarnathpur, District-Ranchi (Jharkhand) 2. Additional Secretary, Department of Revenue Registration and Land Reforms, at Project Building, Dhurwa, P.O.-Dhurwa, P.S.-Jagarnathpur, District-Ranchi (Jharkhand) 3. Deputy Commissioner, Ranchi at P.O.-G.P.O., P.S.-Sadar, District-Ranchi (Jharkhand) 4. Additional Collector, Ranchi, at P.O.-G.P.O., P.S.-Sadar, District-Ranchi (Jharkhand) 5. Circle Officer, Namkum, At Namkum, P.O. & P.S.-Namkum, District- Ranchi (Jharkhand) .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioners : Mr. R.N.Sahay, Sr. Adv. : Mr. Yashvardhan, Adv. : Mr. Kirtivardhan, Adv. : Mr. Ritesh Singh, Adv. : Mr. Aditya Aman, Adv. For the State : Mr. Manoj Kumar, GA-III For the RMC : Dr. Vandana Singh, Adv. .... 05/28.08.2025 1. The present writ petition has been filed for following reliefs:- I. To quash and set-aside inclusion of the land of the Petitioners in the Prohibited List of Properties (Annexure-7) under the Jharkhand National Generic Document Registration System Platform, as rights of the Petitioners enshrined under Article 300A of the Constitution of India has been violated without following the due procedure of Law and in absolute violation of principles of Natural Justice. II. Further be pleased to direct Respondent No.3 (Deputy Commissioner, Ranchi) to delist the land of the Petitioners from the prohibited list in Jharkhand National Generic Document Registration System which restrains registration of transfer of such lands. The land of the Petitioners have been enlisted under the prohibited property in complete violation of Article 14, 300A of the 2025:JHHC:25988 2 W.P.(C) No.1643 of 2025 Constitution of India and principles of Natural Justice in colorable exercise of powers. III. Further be pleased to direct the Respondent No. 3 (Deputy Commissioner, Ranchi) and/or Respondent No. 4 (Additional Collector, Ranchi) to decide the Representation/ Letter dated 01.06.2023, preferred by the Petitioners, pending before it as contained in Annexure-8 herein within a stipulated period of time in accordance with law. 2. The action of the State is based upon the notification No.1132 dated 26.08.2015, which is on the basis of Section 22-A of the Registration Act, 1908. The Section 22-A of the Registration Act, 1908, has already been declared ultra virus by the Division Bench of this Court vide order dated 01.05.2025, passed in W.P.(C) No.5088 of 2018 and analogous cases. 3. In view of the order dated 01.05.2025 of the Division Bench of this Court, the impugned list as contained in Annexure-7 of the present writ petition is, hereby, quashed, so far as the writ petitioners are concerned. 4. The petitioners are at liberty to approach the concerned authority for his remedy and the authority is supposed to proceed in accordance with law. 5. With above observation and direction, the present writ petition stands disposed of. (Rajesh Kumar, J.) Shahid/ uploaded