BIMLA DEVI v. THE STATE OF JHARKHAND THROUGH ITS CHIEF SECRETARY
WPC/5033/2024 · 2026-02-25
Rajesh Kumar
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 2227 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2227 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:5543
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.5033 of 2024 ---- Bimla Devi, W/o Late Harihar Prasad Singh, aged about 74 years, resident of A/2/166, Near Dhurwa Police Station, P.O & P.S. Dhurwa, District Ranchi
…. …. Petitioner -Versus-
1. The State of Jharkhand through its Chief Secretary, Government of Jharkhand, Project Bhawan, P.O & P.S. Dhurwa, District Ranchi
2. The Secretary, Department of Revenue, Registration & Land Reforms, Government of Jharkhand, Project Building, P.O & P.S. Dhurwa, District Ranchi
3. The Deputy Commissioner, Ranchi, P.O G.P.O, P.S. Kotwali, District Ranchi
4. The Registrar, District Land Registry Office, Kutchery Chowk, P.O G.P.O, P.S Kotwali, District Ranchi
…. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ----
For the Petitioner
: Mr. Abhishek Sriwastava, Advocate
For the State
: Mrs. Nirupama, AC to Sr. S.C-II
----
03/Dated: 25th February, 2026
1. In spite of time granted, no counter affidavit has been filed by the respondents till date. 2. Heard the parties. 3. The present writ petition has been filed for the following reliefs:-
“(i) For a direction upon the respondent authorities to allow the petitioner, who is an old aged person suffering from many ailments, treatment of which is required immediately, who had purchased 11 decimals of land under Khata No.174, Plot No.1156/34, Village Gutua, Thana No.138, out of her entire money in hopes to sell the land in case of emergency, to sell the aforesaid land. (ii). Further, for a direction upon the respondent authorities to formulate a concrete policy for allowing sale and purchase of Gairmazurwa Khas Land in the State of Jharkhand within stipulated time period, which is affecting the lives of many persons who had purchased the land under nature ‘Gairmazurwa Khas'
2026:JHHC:5543
Page No.2 W.P.(C) No.5033 of 2024 which was allowed by the government itself, in hopes to dispose off the land in case of need of money.”
4. The petitioner has purchased a piece of land having Khata No.174, Plot No.1156/34 situated at Gutuwa admeasuring area of 11 decimals through registered sale deed No.52 of 2024 dated 12.05.1983 and registry was also done. The petitioner has been paying rent regularly till 2023-24. Thereafter, due to some reason, the petitioner decided to sale the aforesaid land. 5.
During registry process, the petitioner came to know about that the said land was Gairmazurwa Land and the sale and purchase has been stopped by the Government. Thus, the petitioner has preferred this writ petition. 6. 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. 7. In view of the order dated 01.05.2025 passed by the Division Bench of this Court, respondents are directed to remove the land of the petitioner from the list of prohibited land. The respondents are directed to act as per mandate of law, if any legal impediment is not there. 8. Accordingly, the present writ petition stands allowed and disposed of. (Rajesh Kumar, J.) Dated 25th February, 2026 Raja/- Uploaded on 27.02.2026