The State Of Jharkhand & Others vs Kusumlata Devi & Others
2022 Latest Caselaw 2891 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 (Letters Patent Appellate Jurisdiction)
                           L.P.A. No. 58 of 2019

The State of Jharkhand & others                               ...... Appellants
                              Versus
Kusumlata Devi & others                                     ...... Respondents

                                with
L.P.A. No. 266 of 2019, L.P.A. No. 288 of 2019, L.P.A. No. 289 of 2019,
L.P.A. No. 290 of 2019, L.P.A. No. 291 of 2019, L.P.A. No. 292 of 2019,
L.P.A. No. 295 of 2019, L.P.A. No. 296 of 2019, L.P.A. No. 396 of 2019,
L.P.A. No. 397 of 2019, L.P.A. No. 399 of 2019 and L.P.A. No. 402 of 2019

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
        HON'BLE MR. JUSTICE RATNAKER BHENGRA

For the Appellant(s)       : Mr. Piyush Chitresh, AC to AG
For the Respondents        : Mr. Indrajit Sinha, Advocate
                             Mr. Vineet Prakash, Advocate
For the Intervenor         : Mr. Ashutosh Prasad, Advocate
                                    ---------

Order No. 16 /Dated: 27th July 2022

I.A. No. 6509 of 2022 in L.P.A. No. 58 of 2019 Through this interlocutory application a situation obtaining in respect of transfer of lands on account of a possible failure on the part of the Deputy Commissioner, Ranchi to upload the Revised List of restricted/prohibited properties, a communication in respect of which was sent by the Circle Officer, Baragai, Ranchi through letter dated 19 th January 2021 for uploading the said list on NGDRS Portal, has been brought to the notice of this Court by Ramdei Sahakari Grih Nirmaan Swalambi Samiti Limited.

2. From the materials on record including the judgments by the competent Courts of civil jurisdiction and the Privy Council and the enquiry report prepared by the Circle Officer, Baragai, Ranchi, there cannot be even an iota of doubt as regards right, title and ownership of the Society over 10.90 acres land. After proper enquiry, mutation was carried out in its name and it was found in possession over the said lands.

3. The grievance of the Society is that even though its name was deleted in the Revised List after proper enquiry, the said list was not being uploaded and the previous list removed from the website.

4. The implication of not uploading the Revised List may appear in two ways viz. (i) a sale transaction with respect to restricted/prohibited land may take place and thereby third party rights would be created and (ii) a bonafide owner of the land would be deprived of his legal right to transfer his land.

5. Mr. Piyush Chitresh, the learned AC to the learned Advocate General, on instructions, informs the Court that the Revised List of restricted/prohibited lands which was prepared by the Circle Officer, Baragai, Ranchi has already been uploaded on NGDRS Portal.

6. If the Revised List a copy of which is annexed by the Society at page 88 of the paper book which does not include description of the property of the Society is not uploaded and the old list is not removed from the website, the same shall be done forthwith.

7. On the request of Mr. Piyush Chitresh, the learned AC to the learned Advocate General, post these matters on 2 nd August, 2022 to enable him to file an affidavit in this regard.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) RKM