Jharkhand High Court
Mahima Rai vs The State Of Jharkhand & Ors on 24 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.391 of 2022
-----
Mahima Rai .......... Petitioner.
-Versus-
The State of Jharkhand & Ors. .......... Respondents.
-----
CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
-----
For the Petitioner : Mr. Vikash Kumar, Advocate
For the State : Mr. Vinit Chandra, A.C. to A.A.G.III
-----
Order No.03 Date: 24.03.2022
The present writ petition has been filed for quashing the circular
as contained in memo no.930 dated 21st September, 2016 (Annexure-
5 to the writ petition) issued under the signature of the Secretary,
Department of Revenue, Registration and Land Reforms, Government
of Jharkhand- respondent no.2, whereby the said respondent has
given the authority to the District Registrars/Deputy Commissioners of
the State to cancel sale deed(s), which appears to be registered on
the basis of false documents or by playing fraud or impersonation.
Further prayer has been made for quashing the entire proceeding of
Misc. Case no.34 of 2020-21 initiated by the District Magistrate-cum-
Deputy Commissioner, Saraikella- respondent no.3 on the basis of
complaint made by the respondent nos.5 to 9 for cancelling Sale Deed
no.147 dated 16th January, 2019.
Learned counsel for the petitioner submits that the petitioner
after making payment of entire consideration amount had purchased
land, appertaining to Khata no.51, plot no.277(P), measuring an area
of 2.00 decimals; plot no.278(P), measuring an area of 13.00
decimals; Khata no.48, plot no.302(P), measuring an area of 2.00
decimals; plot no.334(P), measuring an area of 1.73 decimals; total
18.73 decimals, Thana no.131, Ward no.22, Mouja Asangi, Adityapur
Nagar Parishad, District Saraikella by virtue of registered sale deed
no.147 dated 16th January, 2019 from one Behula Pradhan, wife of Raj
Kumar Pradhan (daughter of Jagdish Pradhan- Khatiyani Raiyat). The
petitioner got her name mutated on 24th February, 2019 vide Mutation
Case no.1828/R 27 of 2018-19 and, accordingly, correction slip was
issued in her favour. Thereafter, rent receipts were also issued in her
name. It is further submitted that as soon as the petitioner came to
know about initiation of the proceeding vide Misc. Case no.34 of 2020-
21 on the basis of the complaint made by the respondent nos.5 to 9
for cancellation of the aforesaid sale deed, she immediately appeared
before the respondent no.3. It is also submitted that the said
proceeding was initiated by the respondent no.3 in the garb of the
circular dated 21st September, 2016 issued by the respondent no.2,
which is in utter disregard and defiance of the judgment of the Hon'ble
Supreme Court rendered in the case of Satya Pal Anand Vs. The
State of Madhya Pradesh, reported in (2016)10 SCC 795.
Learned counsel for the petitioner on instruction submits that
Misc. Case no.34 of 2020-21 is still pending before the respondent
no.3. While placing a copy of the order dated 12th February, 2021
passed by this Court in W.P.(C) No.515 of 2021, it is further submitted
that since the respondent no.3 has not yet passed the final order in
Misc. Case no.34 of 2020-21, further proceeding of the same may be
stayed. It is also submitted that similar writ petitions led by W.P.(C)
No.3876 of 2020 on similar issue are pending before this Court.
Mr. Vinit Chandra, learned A.C. to A.A.G.III appearing on behalf
of the respondent nos.1 to 4 submits that on receipt of the complaint
from the respondent nos.5 to 9, the respondent no.3 having found a
prima facie information that the said sale deed was executed in favour
of the petitioner in a fraudulent manner initiated Misc. Case no.34 of
2020-21 in terms with the circular dated 21st September, 2016 issued
by the respondent no.2. It is, thus, submitted that the respondent no.3
has initiated the said proceeding in a lawful manner. He, however,
prays for and allowed four weeks' time to seek instructions and file
counter affidavit.
Issue notice to the respondent nos.5 to 9 under registered
cover with A/D as well as ordinary process for which requisites etc.
must be filed within a week.
Put up this case along with W.P.(C) No.3876 of 2020 and other
analogous cases.
In the meantime, further proceeding of Misc. Case no.34 of
2020-21 pending before the respondent no.3 shall be kept in
abeyance.
(Rajesh Shankar, J.)
Sanjay/
