Jharkhand High Court
The State Of Jharkhand Secretary vs Prabudh Nagar Sahakari Grih Nirman ... on 2 April, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 54 of 2024
1. The State of Jharkhand Secretary, Department of Revenue,
Registration and Land Reforms, Govt. of Jharkhand, Project Bhawan,
P.O.: Dhurwa, P.S.: Jagannathpur, District-Ranchi, Jharkhand
2. Inspector General of Registration, Govt. of Jharkhand, Project
Bhawan, P.O.: Dhurwa, P.S.: Jagannathpur, District-Ranchi,
Jharkhand
3. Commissioner, South Chhotanagpur Division, Ranchi, P.O., P.S. &
District-Ranchi
4. Deputy Commissioner, Ranchi, P.O., P.S. & District-Ranchi
5. Additional Collector, Ranchi, P.O., P.S. & District-Ranchi
6. Sub Divisional Officer, Sadar, Ranchi, P.O., P.S. & District-Ranchi
7. Land Reforms Deputy Commissioner, Ranchi P.O., P.S. & District-
Ranchi
8. District Sub-Registrar, Ranchi, P.O., P.S. & District-Ranchi
9. Circle Officer, Ratu, P.O. & P.S: Ratu, District-Ranchi
... ... Appellants
Versus
Prabudh Nagar Sahakari Grih Nirman Samiti Ltd, a registered Co-
operative Society, Ranchi through its Authorized Signatory, Rajendra
Pandey, Son of Late Yadunath Pandey, aged about 83 Yrs, resident
of Bazra Itki road, P.O Hehal, P.S. Sukhdeonagar, Dist: Ranchi
... ... ... Respondent
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Appellants: Mr. Sachin Kumar, AAG-II
Ms. Surabhi, A.C. to AAG-II
For the Respondent: Mr. Vibhor Mayank, Dvocate
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06/Dated: 02.04.2025
1. This Letters Patent Appeal is preferred against the judgment dt.
03.08.2023 in W.P.(C) No. 4034 of 2021 passed by the learned
Single Judge.
2. The 1st respondent had filed the said writ petition alleging that it
owns a certain portion of land, that its title has been declared in the
said land in Title Suit No. 170 of 1998 to which the appellants were
parties, that the Title Appeal No. 97 of 2008 filed by the appellants
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was dismissed after contest on 23.9.2015 and even the Second
Appeal filed against the said judgment was dismissed for non-
prosecution on 20.12.2019; but notwithstanding the same, the
appellant no. 4 i.e. the Deputy Commissioner, Ranchi through a
communication dated 06.11.2020 has put the said land under the
category of "non transferable" land and restricted the registry of
conveyance deed in connection therewith.
3. The appellants contested the said writ petition stating that the order
by which registration of the said land has been restrained is based
on entries made in a cadastral survey of record of rights in which
the said land had been shown to be "gair majarua malik" land. But
the appellants did not dispute the fact that there is a decree of the
civil court in favour of the 1st respondent which has attained finality.
4. It was contended by the appellants that as per the notification dt.
10.10.2019 the 1st respondent had been given an opportunity to
appear with relevant documents in support of its title before the
Deputy Commissioner and the same had not been availed of and,
therefore, the land, in question, was declared to be non-registrable.
5. The learned Single Judge by judgment dt. 03.08.2023 allowed the
W.P.(C) No. 4034 of 2021 holding that the 1st respondent had right,
title and interest over the suit land which had already been
adjudicated in its favour in the civil suit which judgment had
attained finality and, therefore, it was not open to the Deputy
Commissioner, Ranchi through an executive order/notification dt.
06.11.2020 to declare the land to be non-registrable. So he
quashed the communication dt. 06.11.2020 issued by the Deputy
Commissioner, Ranchi.
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6. Questioning the same, this Letters Patent Appeal is filed by the
appellants.
7. Counsel for the State contends that in the judgment of the civil
court being relied upon by the 1st respondent, there is a
observation that if the appellants come to a concrete conclusion
that forgery, alteration or interpolation in the revenue records and
preparation of a bogus Register-II had been committed, then the
decree granted to the 1st respondent would stand converted into a
decree obtained by committing fraud upon and against the
appellants which would be adjudged to be void under section 31 of
the Specific Relief Act, and that the findings in the title suit will not
come within the periphery of res-judicata in a subsequent suit for
cancellation of the said decree.
8. We are afraid that the observations in the decree of the civil court
being relied upon by the appellants cannot help the appellants in
any manner unless they file a civil suit seeking cancellation of the
decree obtained by the 1st respondent on the ground of fraud or
forgery or alteration and interpolation in revenue records and
preparation of Register-II and succeed in the said suit against the
1st respondent.
9. Merely because the appellants assure or claim that there is a
forgery or alteration or interpolation in the revenue records or that
the Register-II is a bogus one, the decree obtained by the 1st
respondent in the civil suit will not stand set-aside.
10. Admittedly, the appellants have not chosen to file a subsequent
suit challenging the decree obtained by the 1st respondent raising
the said pleas till date.
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11. Therefore, the said observation in the judgment of the trial court
in Title Suit No. 170 of 1998 cannot be of any assistance to the
appellants.
12. The learned Single Judge had rightly relied upon the judgment
rendered by the civil court in the said title suit which had been
confirmed up to Second Appeal and granted relief to the 1st
respondent by quashing the communication dt. 6.11.2020 putting
the subject land in the category of non-transferable land and
restricting the registry of a conveyance deed in connection with the
said land.
13. We thus find no merit in the appeal and it is accordingly
dismissed with costs of Rs. 50,000/- to be paid by the appellants to
the respondent within four weeks.
(M.S. Ramachandra Rao, C.J.)
(Deepak Roshan, J.)
Sharda/MM/
Cp.02
