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2025 DAILYLAW 8560 (JHR)

HARIPAD PANDEY v. THE STATE OF JHARKHAND

WPC/1568/2025 · 2025-08-28

Rajesh Kumar

body2025

Judgment text

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2025:JHHC:25984 IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P. (C) No.1568 of 2025 ---- Haripad Pandey, aged about 54 Years, S/o Late Kartik Lal Pandey, R/o Panduki, P.O. Nagnagar, P.S. Barwadih, District-Dhanbad. …. …. Petitioner(s) 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. …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s) : Mr. Lukesh Kumar, Adv. For the Respondent(s) : Mrs. Shalini Shahdeo, A.C. to S.C.(L&C)-I ---- 03/Dated: 28th August, 2025 1. The present writ petition has been filed for following reliefs:- “for issuance of appropriate writ(s)/order(s)/direction(s) particularly in the nature of certiorari for quashing the list of prohibited land (Annexure-6) 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; Further the petitioner prays for issuance of appropriate writ(s)/order(s)/direction(s) directing the respondents to remove the land in question from the prohibited list of National Generic Document Registration System (NGDRS); Further the petitioner prays 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; 2025:JHHC:25984 Page | 2 W.P. (C) No.1568 of 2025 Further the petitioner prays 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-6 of the present writ petition, is hereby quashed and set aside so far as the writ petitioner is concerned. 4. Accordingly, the present writ petition stands disposed of. 5. The petitioner is at liberty to approach the concerned authority for his remedy and the authority is directed to consider the same as per the law. 6. Pending interlocutory application, if any, also stands disposed of. (Rajesh Kumar, J.) Amar/- Uploaded