Jharkhand High Court
Prabudh Nagar Sahakari Grih ... vs State Of Jharkhand Through ... on 3 August, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 4034 of 2021
Prabudh Nagar Sahakari Grih Nirman Samiti Ltd., a Registered Cooperative
Society, Ranchi through its Authorized Signatory, Rajendra Pandey
.... .. ... Petitioner(s)
Versus
1.State of Jharkhand through Secretary, Department of Revenue, Registration
And Land Reforms, Government of Jharkhand, Ranchi.
2. Inspector General of Registration, Government of Jharkhand, Ranchi.
3. Commissioner, South Chotanagpur Division, Ranchi.
4. Deputy Commissioner, Ranchi.
5. Additional Collector, Ranchi.
6. Sub Divisional Officer, Sadar, Ranchi.
7. Land Reforms Deputy Commissioner, Ranchi.
8. District Sub Registrar, Ranchi.
9. Circle Officer, Ratu, Ranchi. .. ... ...Opp. Party(s)
...........
CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
.........
For the Petitioner(s) : Mr. Indrajit Sinha, Advocate
Mr. Vibhor Mayank, Advocate
For the State : Mr. Manoj Kumar, G.A.-III
......
11/ 03.08.2023. The Cooperative Society / Samittee of the petitioner owns land
measuring an area of 23.50 acres, Khata No.194, Plot No.3399, Village- Simalia,
Town and District Ranchi, which has been put under restricted list prohibiting the
registration of conveyance deed in connection with the said land.
2. The Co-operative Society/ Samitee had earlier filed the Title Suit No.170 of 1998
impleading the State as a party which was decreed in its favour. The relief inter-alia
was for grant of permanent injunction against the State from settling the property
with any other person.
3. The State preferred Title Appeal No.97 of 2008 which was dismissed on contest
vide judgment dated 23.09.2015 and the Second Appeal arising therefrom was
dismissed for non-prosecution vide order dated 20.12.2019.
4. The main grievance of the petitioner -Samittee is that right, title and interest has
been adjudicated in its favour over the property in question and has attained its
finality after dismissal of the Second Appeal. The Deputy Commissioner vide
communication dated 06.11.2020 has put the said plot of land under the category
the non-transferable land and restricted the registry of conveyance deed in
connection with the aforesaid land.
5. The State has contested the case by filing counter-affidavit. During pendency of
the Second Appeal, the State authorities laid down pipeline across the land of the
society for which Writ Petition being W.P.(C) No.3353 of 2019 was filed on behalf
of the petitioner -Society and this Court passed an order of stay, directing the parties
to maintain status-quo and finally vide order dated 15.06.2020, the said Writ Petition
was disposed of on the basis of compromise entered into by the parties wherein the
title of the petitioner was acknowledged by the State.
6. It is submitted by learned counsel on behalf of the State that the order by which
the registration of the said land has been restrained is based on the entries made in
the cadestral survey of record of rights, in which the said land has been shown to be
Gairmajarua Malik Land. However, it has been fairly conceded during course of
argument that the title over the land, in question has been declared in favour of the
petitioner and the appeal arising therefrom has been dismissed. As per the
notification dated 10.10.2019, the petitioner- Samitee was given an opportunity to
appear with the relevant documents in support of its title before the D.C. and the
same was not availed of and, therefore, the land, in question was declared to be non-
registrable.
7. After hearing the submissions advanced on behalf of both the sides and perusing
the materials available on record, it is crystal clear that petitioner -Samittee has
right, title and interest over the suit land which has been duly adjudicated in Civil
Suit which has attained its finality. The order by which, the land, in question has
been declared to be non-registrable as per the impugned communication is not
sustainable and is accordingly quashed.
Writ Petition is allowed. Pending I.A(s), if any, stands disposed of.
It goes without saying that registration of land of Cooperative Society /
Samittee of the petitioner measuring an area of 23.50 acres, Khata No.194, Plot
No.3399, Village- Simalia, Town and District Ranchi shall not be denied in the light
of the communication dated 06.11.2020 issued by the Deputy Commissioner .
(Gautam Kumar Choudhary, J.)
Sandeep/
Uploaded.
