Jharkhand High Court
Rakhi Bhadani @ Rakhi Devi vs The State Of Jharkhand & Others on 11 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No. 543 of 2016
........
Rakhi Bhadani @ Rakhi Devi .... ..... Petitioner
Versus
The State of Jharkhand & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
............
For the Petitioner : Mr. Binit Chandra, Advocate.
For the Respondents / State : Mr. Awanish Shekhar, A.C. to
Mrs. Darshana Poddar Mishra, AAG.-I
........
06/11.07.2022.
Petitioner has preferred this writ petition for issuance of
appropriate writ in the nature of Certiorari for quashing of the Order
dated 29.09.2011 contained in Memo No. 2620 (Annexure-4), issued
under the signature of Deputy Commissioner, Koderma, whereby
and whereunder general order has been passed restraining the
transfer of Raiyati Land situated in various mouza in the district of
Koderma, without taking into consideration of the fact, that the land
of the petitioner is Raiyati in nature and earlier the rent receipts have
been issued by the Revenue Authority in favour of the petitioner.
Learned counsel for the petitioner, Mr. Binit Chandra has
submitted, that the file is not with him, as such, he is not in a position
to argue the case.
Learned counsel for the respondents / State, Mr. Awanish
Shekhar, A.C. to learned AAG-I, Mrs. Darshana Poddar Mishra has
submitted, that counter-affidavit has been filed on 10.05.2022 and
para-8, 9, 10 & 11 of the counter-affidavit may be taken note of.
Para.8,9,10 & 11 of the counter-affidavit dated 10.05.2022
may profitably be quoted hereunder:-
"8. That Para 8 to 13 of the writ as stated by petitioners are
matter of record. There petitioner filed by general public
regarding standing of bogus zamabandi of Gairmazurwa Khas
land and entering names of Register-II and thereby fresh
mutation and grant of receipt of Gairmazurwa Khas land
belonging to State after vesting of Zamindari after coming into
force of Bihar Land Reform Act, 1950. So, the then D.C.
Koderma, Sri Sheo Shankar Tiwary vide Gyapank No. 2620,
dated 29.09.2011 issued a general direction to all Circle Officers
of Koderma District and to examine zamabandi of Gairmajurwa
Khas land standing in the names of raiyats and Zamabandi
which are found illegal and without the order of any competent
revenue authority then to send proposal for cancellation of
Zamabandi and till conclusion of enquiry no mutation and grant
of rent receipt shall be granted and no sale deed of Gairmazurwa
Khas land shall be executed and registered.
9. That the notification no. 1132, dated 26.08.2015 issued by
the Secretary, Department of Revenue, Registration and Land
Reforms, Government of Jharkhand is very clear on the point of
Registration Act, 1908, Section 22(A) is beyond the Public
Policy, when the land of Kaisar Hind, Aam Gairmazurwa, Khas
Gairmazurwa and forest and the land acquired by the different
department is illegal.
10. That Para 14 to 16 of the Writ Petition are judgment and
order of Hon'ble Court. Hence, no comment required except that
in the matter of W.P.(C) No. 4089 of 2013 the petitioner namely
Tarkeshwar Prasad had presented document before the Sub-
Registrar, Koderma for registration of sale deed, who refused to
register the same. But in the case of Rakhi Bhadani, the
petitioner, instead of presenting document of sale deed before the
Sub-Registrar, Koderma for registration of sale deed, she
executed an agreement for sale of land.
11. That Para 17 as alleged by the petitioner, the answering
respondents has submitted and stated that the allegation as
alleged against the answering respondents are unjust and
improper, because the petitioner never presented and executed
any sale deed before the respondent no. 3 for registration of land
in question and as such never been refused to register by
respondent.
In fact, the petitioner bypassed the due procedure and
jumped before Hon'ble High Court of Jharkhand with intention
to kill precious time of Hon'ble Court and to unnecessarily
harass the respondents."
Considering the affidavit filed by the State, no writ can be
issued in favour of the petitioner. The petitioner may avail the legal
remedy in accordance with law.
The writ petition is accordingly dismissed.
(Kailash Prasad Deo, J.)
Sunil/-
