Jharkhand High Court
Anand Murari Tiwary Aged About 71 Years ... vs The State Of Jharkhand on 19 August, 2025
Author: Rajesh Kumar
Bench: Rajesh Kumar
2025:JHHC:24277
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 1474 of 2024
Anand Murari Tiwary aged about 71 years son of Late Pandit Ramdas Tiwary,
resident of village-Redma, P.O. and P.S.- Medininagar, District- Palamau
............Petitioner(s)
Vrs.
1.The State of Jharkhand
2.The Deputy Commissioner, Palamau, P.O. & P.S.- Medininagar, District-
Palamau
3.The Circle Officer, Sadar, Medininagar, P.O. & P.S.- Medininagar, District-
Palamau
.......... Respondent(s)
.......
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Deva Kant Rai, Advocate
Mr. Sharabhil Ahmed, Advocate
For the Resp.-State : Mr. Binit Chandra, A.C to A.A.G-III
06/19.08.2025 The present writ petition has been filed for the following
reliefs:-
"For issuance of an appropriate writ/rule/order/direction
in the nature of Mandamus commanding upon the
respondents especially the respondent number 2 to
dispose of Miscellaneous Case number 51 of 2023 filed
by the petitioner for grant of permission to transfer his
land by releasing the land from the prohibited list
purportedly prepared under NGDRS"
2. The description of the land is as follows:
Lands of Khata number 132, plot number 2727 measuring an
area of 6.38 acres of village- Redma, thana number 188, P.S.
Medininagar, District- Palamau appertainint to Khewat number
1/15.
3. It appears that the land of the petitioner has been put in the
prohibited list as per the notification No. 1132 dated 26.08.2015,
which is on the basis of Section 22-A of the Registration Act, 1908.
4. It has been submitted by learned counsel for the petitioner that
the said Section 22-A of the Registration Act, 1908 has already been
declared ultra virus by the Division Bench of this Court vide order
dated 01.05.2025, passed in W.P.(C) No. 5088 of 2018 and analogous
2025:JHHC:24277
cases. The relevant paragraph of the said judgment passed in W.P.(C)
No.5088 of 2018 is quoted hereunder:
"5. Having regard to the said decision of the Supreme
Court, which is binding on this Court, and since the
provision considered by the Supreme Court in the said
judgment is identical to the provision framed by the
Bihar State, which is adopted by the State of Jharkhand,
Section 22-A of the Registration Act, 1908 as amended by
the Bihar Amendment Act 6 of 1991 and as adopted by
the State of Jharkhand, as well as the consequential
Notification issued under the said provision on
26.08.2015 are struck down and all orders passed by the
Sub Registrars or the officials of the Registration
Department pursuant to the notification 26.08.2015 shall
stand set aside.
6. The writ petitions are allowed only to the extent as
stated above and all others issues raised by the
petitioners are left open.
7. Pending Interlocutory Applications stand
disposed of."
5. In the above circumstances, it is submitted by learned counsel
for the petitioner that the respondents may be directed to conclude the
Miscellaneous Case number 51 of 2023 as per the mandate of the
L.P.A. Court.
6. Accordingly, the present writ petition is disposed of by
directing the respondents to culminate the Miscellaneous Case number
51 of 2023 as per the mandate of the L.P.A. Court, as mentioned
above within a period of 4 weeks from the date of receipt of the copy
of this order.
7. With the above observation and direction, the writ petition is
disposed of.
8. Pending interlocutory application, if any, stands disposed of.
(Rajesh Kumar, J.)
A.Mohanty
