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2026 DAILYLAW 7010 (JHR)

BABITA DEVI v. THE STATE OF JHARKHAND

WPC/2655/2026 · 2026-04-20

Sri Ananda Sen

Writ Petition (Civil)body2026

Judgment text

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2026:JHHC:11435 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2655 of 2026 ------ Babita Devi, aged about 35 years, W/o Pintu Modi, R/o Goushala Road, Ward No.27, PO-Jhumari Telaiya, PS-Telaiya, Dist-Koderma. … … Petitioner(s) Versus 1. The State of Jharkhand. 2. Deputy Commissioner, Koderma, PO, PS & Dist-Koderma. 3. Circle Officer, Koderma Anchal, Koderma, PO Jhumri Telaiya, PS-Telaiya, Dist-Koderma. … … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ashok Kr. Sinha, Advocate Ms. Kumari Priyambada, Advocate Mr. Anshuman Kumar, Advocate For the Respondent(s) : Mr. Sonal Tiwary, AC to AG ------ 02/ 20th April, 2026 1. Heard the parties. 2. The petitioner, in this writ petition, prays for following relief:- “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, Plot No.5989/ 6247 Mouza- Gumo, P.S.-Telaiya, Thana No-12, Pragna- Gumo measuring an total area 3.52 Acres out of which 8 decimals of land has been obtained by way of Registered Sale Deed No. 4388 dated 07/07/2008 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 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 2026:JHHC:11435 2 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 22/09/2025 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. AND For issuance of any other appropriate writ/s order/s, direction/s as may deemed fit and proper for doing conscionable justice to the petitioner. 3. Learned counsel for the petitioner submits that the petitioner’s land has not been mutated by the respondents in view of restrictions imposed vide order dated 29.09.2011 passed by the Deputy Commissioner, Koderma. 4. The petitioner submits that this order has already been struck-down by the Coordinate Bench of this Court. 5. Learned counsel appearing on behalf of the respondents submits that if the petitioner file a fresh representation along with the judgments and all other documents, her case can be considered and an appropriate order will be passed by the Circle Officer, Koderma-Respondent No.3. 6. Considering the said submission, I direct the petitioner to file a fresh representation before Circle Officer, Koderma- Respondent No.3 within four weeks. On receipt of the said representation, the case of the petitioner will be considered by the Circle Officer, Koderma, within a period of 10 weeks, after hearing all the parties concerned. If it is found that the petitioner’s claim is genuine, appropriate action will be taken within two weeks thereafter. 7. With the aforesaid observations, this writ petition stands disposed of. (ANANDA SEN, J.) 20.04.2026 S.K.D/CP-2 Uploaded on 21.04.2026