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2026 DAILYLAW 4180 (JHR)

TAPAN KUMAR SINHA v. THE STATE OF JHARKHAND

WPC/316/2026 · 2026-01-30

Rajesh Kumar

Writ Petition (Civil)body2026

Judgment text

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2026:JHHC:2390 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.316 of 2026 .... 1. Tapan Kumar Sinha, aged about 65 years, S/o Surya Narayan Sinha, R/o Bhandro, P.O.-Kura, P.S.-Pindrajora, District-Bokaro, Jharkhand 2. Prabhash Chandra Goral, aged about 53 years, S/o Shridhar Chandra Goral, R/o Andharteliya, P.O.-Dudhigajar, P.S.-Chas Mufasil, District-Bokaro, Jharkhand 3. Ashok Kumar Mahato, aged about 64 years, S/o Bhujang Bhushan Mahato, R/o Village-Adrakuri, P.O. & P.S.-Adrakuri, District-Bokaro, Jharkhand 4. Tarapad Majhi @ Tarapad Kumar, aged about 62 years, S/o Dwijendranath Kumar, R/o Ranichirka, P.O. & P.S.-Kumardaga, District-Bokaro, Jharkhand 5. Nayan Kumar Ghosh, aged about 47 years, S/o Mrityunjay Ghosh, R/o Village- Kherabera, P.O. & P.S.-Chandankiyari, District-Bokaro, Jharkhand 6. Biranchi Mahato @ Viranchi Kumar, aged about 60 years, S/o Khandu Kumhar, R/o Ranichirka, P.O.-Kumardaga, P.S.-Pindrajora, District-Bokaro, Jharkhand 7. Ajit Kumar Mahato, aged about 71 years, S/o Late Suryakant Mahato, R/o Andharteliya, P.O.-Dudhigajar, P.S.-Chas Mufasil, District-Bokaro, Jharkhand 8. Chhote Lal Mahato, aged about 66 years, S/o Shobharam Mahato, R/o Kanshitand, P.O.-Kumardaga, P.S.-Pindrajora, Pokhanna, District-Bokaro, Jharkhand 9. Moinuddin Ansari, aged about 50 years, S/o Jalaluddin Ansari, R/o Sijua, P.O.- Radhanagar, P.S.-Balidih, District-Bokaro, Jharkhand 10. Brishketu Prasad, aged about 49 years, S/o Shivnandan Nayak, R/o Jodhadih More, near Shiv Mandir, P.O. & P.S.-Chas, District-Bokaro, Jharkhand 11. Shivlal Mahato, aged about 46 years, S/o Arjun Mahato, R/o Domatand, P.O.- Chiksia, P.S.-Chas MU, District-Bokaro, Jharkhand 12. Shubhankar Mahato, aged about 67 years, S/o Bharat Mahato, R/o Telidih, P.O. & P.S.-Chas, District-Bokaro, Jharkhand 13. Prasadi Mahato, aged about 49 years, S/o Pashupati Mahato, R/o Andharteliya, P.O.-Dudhigajar, P.S. Chas Mufasil, District-Bokaro, Jharkhand .… Petitioners Versus 1. The State of Jharkhand 2. Inspector General Registration, Revenue Registration and Land Reforms Department, Government of Jharkhand, Dhurwa, P.O. & P.S. Jagnnathppur, District-Ranchi, Jharkhand 3. The Deputy Commissioner-cum-District Registrar, Registry office, Chas, P.O. & P.S. Chas, District-Bokaro, Jharkhand 4. Sub-Registrar, Registry office, Chas, P.O. & P.S.-Chas, District-Bokaro, Jharkhand 5. Deputy Commissioner, Bokaro, P.O., P.S. & District-Bokaro Steel City, Jharkhand .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioners : Dr. Vandana Singh, Adv. : Ms. Aliza, Adv. For the State : Mr. Sonal Tiwary, AC to AG .... 02/30.01.2026 1. The present writ petition has been filed for the following reliefs:- “i. For issuance of appropriate writs)/ order(s)/ quashing the Order No. 40, Memo No. 1050; Order No.15, Memo No. 1025; Order No. 33, Memo No. 2026:JHHC:2390 2 W.P.(C) No.316 of 2026 1048; Order No. 43, Memo No. 1053; Order No. 39, Memo No. 1049; Order No. 49, Memo No. 1039; Order No. 25, Memo No. 1032 and Order No. 23, Memo No. 1034; Order No. 27, Memo No. 1037; Order No. 26, Memo No. 1036; Order No. 42, Memo No. 1052; Order No. 10, Memo No. 1020; Order No. 18, Memo No. 1038 dated 23.07.2019 whereby and whereunder the petitioners' prayer for the grant of license under the Bihar Deed Writers Licensing Rules, 1996 has been rejected by the respondent no. 3. ii. For a further direction upon the respondents particularly upon respondent no. 3 for the issuance of license to the petitioner as Deed Writers as they are writing Deeds in the office of the respondent no. 4 since long (more than 10 years). iii. During the pendency of the writ petition, the general notice (contained in Annxure-4) be stayed and the petitioners be allowed to continue to write Deeds.” 2. The description of the petitioners have been disclosed at para-5 of the present writ petition, which reads as under:- Sl. No. Name YEAR NUMBER OF DEEDS (APPROX) 1. Tapan Kumar Sinha 1984 8100 2. Prabhash Chandra Goral 1988 7000 3. Ashok Kumar Mahato 1987 3600 4. Tarapad Majhi 2000 4500 5. Nayan Kumar Ghosh 2002 4500 6. Biranchi Mahato 2003 2000 7. Ajit Kumar Mahato 1992 4000 8. Chhote Lal Mahato 1989 8500 9. Moinuddin Ansari 2004 8500 10. Brishketu Prasad 2004 5000 11. Shivlal Mahato 2011 12. Shubhankar Mahato 1998 6600 13. Prasadi Mahato 2002 3600 3. The relevant Rule operating in the field has been quoted in the impugned rejection order (Annexure-2 series) which reads as under:- “3. (a) Qualification- The following shall be qualification for a deed writer. 2026:JHHC:2390 3 W.P.(C) No.316 of 2026 (b) "District Registrar" means the Registrar of a Registration district appointed under the Act. (c) he has passed Deed Writers licensing examination conducted under Rule, Provided that a license may be granted to any person who has been in the profession of that documents writer for at least ten years prior the date of the Registration (Bihar Amendment) Act 1991 came into force, without requiring him to appear in the written test referred to in sub-section (1) if the Registrar of a District or any other officer authorized by him in this behalf is satisfied that he is otherwise fit to take the profession of document writer. (d). (d). "Sub Registrar" means a Sub-Registrar appointed under the Act and includes a Joint Registrar. (e). "Registration" means Registration of document under the Act. 5. Examination- (1) The examination for "The Deed Writers Licence" shall be conducted by the licensing authority. The time and place of the examination and other details shall be notified by the licensing authority. The setting of question papers and its printing shall be done by the District Registrar. 7. Issue of licence.- (1) The licensing authority, on being satisfied that the applicant:- (a) has passed the prescribed examination; (b) is not disqualified under rule for the grant of licence; (c) is of good moral character, or (d) is otherwise fit to be given a licence may grant a document writers licence in Form 'C' or apprentice licence in From 'D' as the case may be. 2. The licensing authority may grant a licence to any person who is in the profession for the last 10 years on the date of coming into force of these rules without requiring him to appear in the text examination. 3. If the licence issuing authority has reason to believe that licence cannot be issued to the applicant under any sub-rule of rule 7 the authority shall after recording reasons inform the refusal of application.” 4. Thus, mere perusal of Rule 7 (d) of the Bihar Deed Writers Licensing Rules, 1996 and Rule 7(2), it is evident that apart from above three criteria, if otherwise, an applicant is competent or had practiced for 10 years, license may be granted. 5. It has also been provided under the Rule that if a person is a Deed Writer for more than 10 years then there is no mandatory requirement to pass any 2026:JHHC:2390 4 W.P.(C) No.316 of 2026 examination or to appear in any examination. These two Rules has not been considered by the authority while rejecting the claim of the petitioners. 6. In that view of the matter, the impugned orders are hereby, set aside. 7 Authorities are directed to consider the claim of the petitioners under the aforesaid two Rules. 8. With the above observation and direction, the present writ petition stands disposed of. (Rajesh Kumar, J.) 30.01.2026 Shahid/ Uploaded on 02.02.2026