2026:JHHC:1027 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1080 of 2021 .... Niraj Kumar, son of Late Binod Jaiswal, aged about 35 years, Resident of Village- Mahgama, P.O.-Mahgama, P.S.-Mahgama, District-Godda, Jharkhand .… Petitioner Versus 1. The State of Jharkhand through Deputy Commissioner, Godda, P.O. & P.S.- Godda, and District-Godda 2. Additional Commissioner, Godda, P.O. & P.S.-Godda, Distt.-Godda, Jharkhand 3. Sub Divisional Officer, Mahgama, P.O. & P.S.-Mahgama, Distt.-Godda, Jharkhand 4. Circle Officer, Mahgama, P.O. & P.S.-Mahgama, Distt.-Godda, Jharkhand 5. Sunder Ram Tibrewal, son of Late Ramotar Ram Marwari 6. Raghunath Tibrewal, son of Late Purushottam Ram Marwari 7. Kamal Tibrewal son of Late Bihari Tibrewal 8. Balkrishna Tibrewal son of Late Bihari Tibrewal 9. Anil Tibrewal son of Late Loknath Tibrewal 10. Basudeo Tibrewal son of Late Girdhari Tibrewal 11. Dipak Tibrewal son of Late Badri Tibrewal 12. Kailash Tibrewal son of Late Shyam Lal Tibrewal 13. Dilip Tibrewal son of Late Vishwanath Tibrewal 14. Sumitra Devi, W/o Late Raju Tibrewal, R/o-Village & P.O.-Mahagama, P.S.- Mahagama, District-Godda, Jharkhand, Pin-814154 15. Gopal Tibrewal son of Late Devi Prasad Ram 16. Alok Tibrewal, S/o-Vinod Tibrewal, R/o-Village-P.O. & P.S.-Mahagama, District-Godda, Jharkhand, Pin-814154 17. Ashok Tibrewal son of Late Govind Ram Tibrewal 18. Manoj Tibrewal son of Late Shiv Tibrewal All are resident of Village & Post-Mahgama, P.S. Mahgama, Distt.-Godda, Jharkhand-PIN-814154 .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Rajeev Kumar, Adv. For the Respondents : Mr. Niraj Kr. Mishra, AC to GP-IV : Mr. Suraj Verma, Adv. : Mr. Navin Kumar, Adv. .... 13/15.01.2026 I.A. No.11693 of 2025 1. Upon notice, legal heirs of respondent No.14 and 16 have already appeared. 2. Let the names of legal heirs of the deceased be entered by the registry in course of the day. 3. Accordingly, I.A. No.11693 of 2025 stands disposed of. W.P.(C) No.1080 of 2021 1. Notice is complete. 2. Heard the parties. 3. The present writ petition has been filed for the following relief:- 2026:JHHC:1027 2 W.P.(C) No.1080 of 2021 “For issuance of appropriate writ(s), order(s) or writ in the nature of mandamus directing the respondent No.4 to record the name of the petitioner in Register-II and accordingly the amount of rent should be released in his name.” 4. The description of land has been disclosed in para-6 of the main writ petition which reads as under:- “Mauja Khaira, Thana No.532, Jamabandi No.23, Rakba 36 Bigha, 14 Kattha and 02 Dhur.” 5. It has been submitted by the learned counsel for the petitioner that he is the descendent of khatiyani raiyat and as such his name should be entered in Register-II. For this purpose, he has relied upon one and another annexures and counter affidavit filed by the respondents. 6. It has been further submitted that the documents of both the parties has been evaluated and it has been found by the revenue authority that the document of the petitioner is more genuine rather more authentic. On that basis, they are under the duty bound to enter the name of the petitioner in Register-II. 7. The law operating in the field is the Bihar Tenant’s Holdings (Maintenance of Records) Act, 1973. Relevant Sections i.e. Section 14, 15 and 16 are quoted hereinbelow:- “14. Requisition and disposal of mutation case.—(1) On receipt of notice under Sections 4, 5, 6, 7, 8, 9 and 10 or an application under Sections 11 and 12 or a report under Section 13, the Anchal Adhikari shall start a mutation proceeding and after entering it in the mutation case register which shall be maintained in the prescribed form shall cause such enquiry to be made as may be deemed necessary. (2) The Anchal Adhikari shall issue a general notice and also give notice to the parties concerned to file objection, if any, within fifteen days of the issue of the notice. On receipt of objection, if any, the Anchal Adhikari shall give reasonable opportunity to the parties concerned to adduce evidence, if any, and of being heard and dispose of the objection and pass such orders as may be deemed necessary. (3) In cases in which no objections are received the Anchal Adhikari shall dispose them of within one month of the date of expiry of filing objection and in cases in which objections are received, the Anchal Adhikari shall dispose them of in not more than three months from the date of expiry of the period of filing objections. 2026:JHHC:1027 3 W.P.(C) No.1080 of 2021 15. Appeals.-(1) An appeal shall lie to the Land Reforms Deputy Collector against the order of the Anchal Adhikari passed under sub- section 2 of Section 14, if preferred within thirty days of the date of the order appealed against. (2) No order modifying, altering or setting-aside any order appealed against shall be passed under this section unless the parties concerned have been given a reasonable opportunity of being heard. (3) Subject to the provisions of Section 16, the order of the Land Reforms Deputy Collector on appeal shall be final. 16. Revision.-The Collector of the district may, on an application made to him in this behalf or for the purpose of satisfying himself as to the legality or propriety of any order made under this Act or the rules made thereunder by any authority or officer call for and examine the record of any case pending before or disposed of by such authority or officer and pass such order as he thinks fit: Provided that the Collector shall not entertain any application from any person, aggrieved by any order, unless it is made within thirty days from the date of the order; Provided further that no order modifying, altering, or setting- aside, any order made by such authority or officer shall be passed by the Collector unless the parties concerned have been given a reasonable opportunity of being heard.” 8. The concept is very clear that the revenue authority has been given power of Dakhil Khariz but in fact it is “Khariz” then “Dakhil”. A name already entered into the Register-II has to be replaced by another applicant. This can be done only through the transfer or inheritance. 9. Coming to the fact of the present case, it is an admitted position that the private respondent’s name is in the Register-II. There is a serious civil dispute. 10. It is also settled law that revenue authority is not an adjudicating authority, he is merely a record keeper. He has not been assigned the work of adjudicator, as the same has been specifically assigned to the competent Civil Court. Civil Court is the only competent to declare the title and possession of one and another person. This power cannot be reserved by the revenue authority under the garb of maintenance of the record. 11. The dispute is thus viewed, this Court finds that this dispute can only be resolved by the civil Court not through the process of the revenue authority or by the writ jurisdiction. 2026:JHHC:1027 4 W.P.(C) No.1080 of 2021 12. It is settled law that the revenue authority has not been empowered to cancel the mutation or correct it. 13. Thus in view of the above legal position, this Court finds no reason to entertain the present writ petition. According, the same stands dismissed. 14. However, the parties are at liberty to work out their remedy in accordance with law. (Rajesh Kumar, J.) 15.01.2026 Shahid/ Uploaded on 20.01.2026