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2026 DAILYLAW 1617 (JHR)

DAMIEN SOCIAL WELFARE CENTRE, THRO ITS DIRECTOR AJAY TIRU v. THE STATE OF JHARKHAND

WPC/432/2026 · 2026-02-02

Rajesh Kumar

Writ Petition (Civil)body2026

Judgment text

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2026:JHHC:2592 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.432 of 2026 Damien Social Welfare Centre, a registered society having its office at RC3F+J98, Shiv Temple, Gandhi Bhawan, Government Polytechnic Road, Daninath, P.O. & P.S. Dhanbad, District Dhanbad through its Director Ajay Tiru aged about 55 years, son of Raphael Tiru, Resident of Golmuri, Opp. Durdarshan Kendra, P.O. & P.S. Golmuri, Jamshedpur, District- East Singhbhum. …… 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 Circle Officer, Dhanbad Circle, P.O & P.S Dhanbad, District Dhanbad. 5. 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. Ankit Kumar, A.C to SC.-I --------- 03/Dated: 02 nd February, 2026 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 11) issued for prohibition of registration of transfer of land by The Revenue, Registration and Land Reforms Department, State of Jharkhand for the land situated at Mouza Hirapur, Mouza No. 07, Khata No. 136, Plot No. 92, area measuring 27 Kathas 14 Chattak & 35 Sq. Ft., within the district Dhanbad.; (b) For Further the petitioner prays for issuance of appropriate writ(s)/order(s)/direction(s) particularly - 1 - W.P.C No.432 of 2026 2026:JHHC:2592 in the nature of certiorari for quashing the order dated 21.11.2025 (Annexure 9) passed in Misc. Case no. 08/2020 passed by Respondent No. 3, whereby and whereunder respondent no. 3 has refused to remove the land in question from the prohibited land list unilaterally prepared under NGDRS;; (c) 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); (d) 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 refuse registration of the land in question in the garb of showing the land in question in prohibited list unilaterally prepared by the respondents; (e) 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.5. 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 vires 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-11 of the present writ petition is, - 2 - W.P.C No.432 of 2026 2026:JHHC:2592 hereby, quashed, so far as the writ petitioner is concerned. Consequently, the order dated 21.11.2025 (Annexure-9), passed by the respondent No.3 i.e. the Deputy Commissioner, Dhanbad, in Misc. Case No.08/ 2020 is, hereby, quashed and set side. 4. Accordingly, the present writ petition stands disposed of. 5. Pending interlocutory application, if any, stands disposed of. (Rajesh Kumar, J.) 02nd February, 2026 Ravi-Chandan/- Uploaded on 03.02.2026 - 3 - W.P.C No.432 of 2026