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2025 DAILYLAW 8558 (JHR)

HEMANT KUMAR PANDEY v. THE STATE OF JHARKHAND

WPC/1572/2025 · 2025-08-21

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:24746 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1572 of 2025 Hemant Kumar Pandey, aged about 40 Years, S/o Late Rajendra Prasad Pandey, R/o Panduki, P.O. Nagnagar, P.S. Barwadih, District - Dhanbad. …… Petitioner Versus 1. The State of Jharkhand. 2. The Secretary, Revenue, Registration and Land Reforms Department, having Office at Project Building, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi. 3. The Deputy Commissioner, Dhanbad, P.O & P.S Dhanbad, District Dhanbad; 4. The Deputy Collector Land Reforms, Dhanbad, having office at Dhanbad, P.O & P.S Dhanbad, District Dhanbad; 5. The Circle Officer, Govindpur Circle, P.O. & P.S. Govindpur, District Dhanbad, 6. The Sub Registrar, Sub Registry Office, having Office at Dhanbad, P.O. & P.S. Dhanbad, District Dhanbad. …... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. Lukesh Kumar, Advocate For the State : Mr. Manoj Kumar, G.A.-III Mr. P. C. Sinha, A.C to G.A.-III Mr. R. K. Roy, A.C to G.A.-III --------- 03/Dated: 21 st August, 2025 1. The present writ petition has been filed for the following reliefs :- (a) for issuance of appropriate writ(s)/ order(s)/ direction(s) particularly in the nature of certiorari for quashing the list of prohibited land (Annexure-4) issued for prohibition of registration of transfer of land, which is uploaded on the website of the Government of Jharkhand by the Revenue, Registration and Land Reforms Department, State of Jharkhand; (b) For issuance of appropriate writ(s)/ order(s)/ direction(s) directing the respondents to remove the - 1 - W.P.C No.1572 of 2025 2025:JHHC:24746 land in question from the prohibited list of National Generic Document Registration System (NGDRS); (c) For issuance of appropriate writ(s)/ order(s)/ direction(s) particularly in the nature of mandamus commanding upon the respondent not to refuse registration of the land in question in the garb of showing the land in question in prohibited list unilaterally prepared by the respondents; (d) For issuance of appropriate writ(s)/ order(s)/ direction(s) particularly in the nature of mandamus commanding upon the respondents not to harass the petitioner and not let the petitioner to run from one office to another without there being any fault on the part of the petitioner and accept the sale deed so presented for registration of transfer of land in question by the respondent no.6. 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 of prohibited land as contained in Annexure-4 of the present writ petition is, hereby, quashed, so far as the writ petitioner is concerned. 4. Accordingly, the present writ petition stands disposed of. 5. Pending interlocutory application, if any, stands disposed of. (Rajesh Kumar, J.) Ravi-Chandan/- - 2 - W.P.C No.1572 of 2025