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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.6442 of 2026
1.Lalita Devi, W/o Late Ramjanam Bhagat 2.Sudesh Jaiswal @ Sudesh Kumar Jayaswal 3.Rupesh Kumar 4.Umesh Kumar Jayaswal Nos.1 to 4 sons of Late Ramjanam Bhagat, residents of Village Torpa, PO and PS Torpa, District Khunti
…………Petitioner. Versus
1. State of Jharkhand
2. Secretary, Revenue, Registration and Land Reforms Department, Government of Jharkhand
3. Deputy Commissioner, Khunti
4. Land Reforms Deputy Collector, Khunti
5. Circle Officer, Torpa, Khunti
6. Sheikh Maksud Mian, S/o Sheikh Farzil Mian
7. Sheikh Chedi Mian, S/o Late Sheikh Ashraf Mian Nos. 6 and 7 residents of Village Torpa, PO and PS Torpa, District Khunti (Jharkhand)
8. Mukesh Jaiswal, S/o Late Ramjanam Bhagat, R/o Village Torpa, PO and PS. Torpa, District Khunti
………… Respondents
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner : Mr. Anupam Kishore Prasad, Advocate
Mr. Kundan Kr. Ambastha, Advocate For the State
: Mr. Shahbaj Akhtar, AC to AAG-III …...... 03 / 28.08.2026: Head, learned counsel for the petitioners and learned counsel for the State.
2. By way of filing this writ petition, petitioners have sought for the following reliefs :-
“1. For issuance of an appropriate Writ, Rule, Order, Direction for quashing the order dated 08.07.2019 passed by the Circle Officer, Torpa in Mutation Case No.01R27/2019-20 contained in Annexure-3 to this writ petition by which the petition filed by the father of the petitioners namely Ramjanam Bhagat for fixation of rent with respect to 40 decimal of land appertaining to Plot Nos. 3516 and 3517 of Khata No.117 situated at Mouza Torpa, P.O. P.S. Torpa District Khunti rejected on absolutely
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irrelevant consideration of the materials on the record and order has been passed ignoring the report of the Halka Karamchari and Circle Inspector to the effect that the applicant namely Ramjanam Bhagat is continuing in possession over the aforementioned lands and for quashing the order dated 03.03.2021 passed by the Land Reforms Deputy Collector, Khunti in Mutation Appeal Case No. 60 of 2019-20 (Annexure-4) dismissing the appeal and for quashing the order dated 05.07.2024 passed by the Deputy Commissioner, Khunti in Mutation Revision Case No.03R15/2021 contained in Annexure-5 to this writ petition dismissing the revision on extraneous consideration and for such relief or reliefs to which the petitioners are legally entitled to.”
3. It is the case of the petitioners is that ancestor of the petitioners, namely, Shiva Sahu @ Shiva Bhagat acquired the land having area of 40 Decimals appertaining to Plot Nos.3516 and 3517 of Khata No.117 situated at Mouza Torpa, P.O. and P.S. Torpa, District Khunti by virtue of settlement through customary hukumnama coupled with grant of rent receipt followed by delivery of possession in the year 1941 and they came into possession over the same. Mutation Case No.01R27/2019-20, which was filed by the father of the petitioners namely, Ramjanam Bhagat for fixation of rent with respect land was dismissed vide order dated 08.07.2019. Further, Mutation Appeal Case No.60 of 2019-20 and Mutation Revision Case No.03R15 of 2021 are also dismissed. Being aggrieved of the impugned orders, the petitioners have filed this writ petition.
4.
Learned Counsel for the petitioners submit that Mutation Case No.01R27 of 2019-20, which was filed by the father of the petitioners namely, Ramjanam Bhagat for fixation of rent with respect land was dismissed vide order dated 08.07.2019 on absolutely irrelevant
consideration of the materials on the record and the order has been passed ignoring the report of the Halka Karamchari and Circle Inspector to the effect that the applicant namely, Ramjanam Bhagat is continuing in possession over the aforementioned lands. Further, without considering the merit of the case of the petitioners Mutation Appeal Case No. 60 of 2019-20 and Mutation Revision Case No.03R15 of 2021 are also dismissed.
5. Considering the aforesaid facts and record of the case, I find that Mutation Revision Case No.03R15/2021 was dismissed holding that
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mutation order of the land in question in absence of documents could not be passed only on the basis of Hukumnama and possession. Thus, undisputedly, in this case first it has to be adjudicated that the petitioners have exclusive right, title and interest over the land in question through the hukumnama from the competent Civil Court. The validity, genuinity of the hukumnama also needs to be verified. These can only be looked into after taking evidence. After adjudication if it is found the petitioners have right, title and interest over the land in question then only the relief sought for by the petitioners can be look into by the Revenue Authority.
6. In view of what has been observed above, I am not inclined to entertain this writ petition filed under Article 226 of the Constitution.
7. Liberty is reserved to the petitioners to approach the Civil Court of competent jurisdiction for redressal of their grievances, in accordance with law.
8. Accordingly, this writ petition is disposed of.
9. Pending Interlocutory Applications, if any, stand also disposed of.
(ANANDA SEN, J.) 28th August, 2026 R.S./ Uploaded on 07/09/2026