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2026 DAILYLAW 6226 (JHR)

BASUDEV MODI v. THE STATE OF JHARKHAND

WPC/2410/2026 · 2026-04-13

Sri Ananda Sen

Writ Petition (Civil)body2026

Judgment text

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2026:JHHC:10543 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.2410 of 2026 Basudev Modi, aged about 76 years, S/o Ghanshyam Modi, R/o Gas Godown Gali, Ward No. 22 P.O. Jhumri Telaiya P.S.-Telaiya, Dist- Koderma. … Petitioner Versus 1. The State of Jharkhand. 2. Deputy Commissioner, Koderma, P.O., P.S. & District- Koderma. 3. Circle Officer, Koderma Anchal, P.O- Jhumri Telaiya, P.S.-Telaiya & District- Koderma. …. Respondents CORAM: SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ashok Kumar Sinha, Advocate Ms. Kumari Priyambada, Advocate For the Respondent(s) : AC to AG ------ 6/13.04.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. 2. Petitioner in this writ petition is praying following reliefs: - “A. For issuance of an appropriate writ(s), order(s) and/ or direction(s), particularly a writ in the nature of Mandamus commanding upon the concerned respondent especially Respondent No. 3 i.e. Circle Officer, to accept the Mutation application of the petitioner and pass appropriate Order upon the same, taking into consideration the various Orders passed by this Hon'ble Court recent being order passed in W.P.(C) No.-7259 of 2023 being Order dated 18/04/2024 for the land pertaining to Khata No.-220/607, Plot No.-5989/6535, Mouza-Gumo, P.S.-Telaiya, Thana No-12, Pragna- Gumo measuring an total area 1.96 Acres out of which 12 (4+ 8) decimals of land has been obtained by way of Registered Sale Deed No.-1929 and 1930 dated 09/04/2009 as the Respondent authorities especially the Respondent No-2 & 3 are in Contempt of Court by violating the various Orders passed by the Hon'ble Court by still not passing appropriate order upon the mutation application presented by petitioner in view of the Order passed by the Deputy Commissioner, Koderma pursuant to Order dated 29/09/2011 contained in Memo No. 2620 which has already been quashed and set aside by the 2026:JHHC:10543 2 Hon'ble Court on various occasions as apparent from the various Orders passed by this Hon'ble Court as Annexed herewith. B. For issuance of an appropriate writ(s), order(s) and/ or direction(s), particularly a writ in the nature of Mandamus commanding upon the concerned respondents to accept/issue the rent receipt as the same is also not being accepted in the District of Koderma due to Order dated 29/09/2011 contained in Memo No. 2620 after passing appropriate Order upon the Mutation application of the petitioner dated 19/08/2025 as the petitioner is ready to pay the admissible amount of rent. C. For issuance of an appropriate writ(s), order(s) and/ or direction(s), particularly a writ in the nature of Mandamus commanding upon the concerned respondents not to take any coercive step against the land of the petitioner that to without initiating any proceeding under law and without giving any opportunity of hearing.” 3. It is the grievance of the petitioner that the application for mutation is still pending and no order as yet been passed. 4. Counsel for the State by filing the counter affidavit states that land is gairmazaura khas land which belongs to the State and thus the same cannot be mutated. 5. Admittedly no order has been passed by the Respondents. Unless there is an order passed by the respondent cancelling the mutation application, petitioner cannot approach the appellate authority. 6. Thus, I direct the respondent No.3 to pass an appropriate order on the mutation application of the petitioner after giving opportunity of hearing to the petitioner. The Respondents will consider all the documents furnished by the petitioner before the Respondent No.3 and the petitioner will approach before respondent No.3 within four 2026:JHHC:10543 3 weeks after receiving of the copy of this order and the respondent No.3 thereafter will fix a date for hearing the petitioner and complete the entire process and will pass appropriate order within 12 weeks after receiving of this order. 7. With the aforesaid observation, this writ petition is disposed of. (ANANDA SEN, J.) 13.04.2026 R.Kumar