Jharkhand High Court
Md. Muslim @ Razi Ahmad vs The State Of Jharkhand on 6 February, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.6841 of 2024
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Md. Muslim @ Razi Ahmad, S/o Late Yasin Miyan, resident of
Bhowra No.7, P.S. Jorapokhar, District Dhanbad.
.......... Petitioner.
-Versus-
1. The State of Jharkhand
2. The Secretary, Revenue, Registration and Land Reforms
Department, Project Building, Dhurwa, Ranchi.
3. The Deputy Commissioner, Dhanbad.
4. The Deputy Collector Land Reforms, Dhanbad.
5. The Circle officer, Jharia Circle, Jharia.
6. The Sub Registrar, Sub Registry Office, Dhanbad.
.......... Respondents.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Lukesh Kumar, Advocate
For the State : Mr. Ankit Kumar, A.C. to S.C.I
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Order No.02 Date: 06.02.2025
1. The present writ petition has been filed for quashing the list
of land (Annexure-5 to the writ petition) prohibited for
registration of transfer of the same, uploaded on the website
of the Government of Jharkhand by the Department of
Revenue, Registration and Land Reforms, Government of
Jharkhand. Further prayer has been made for issuance of
direction upon the respondents not to refuse registration of
the land in question in the garb of the said list. The petitioner
has also prayed for issuance of direction upon the respondent
authorities not to harass him to run from one office to another
without there being any fault on his part and to accept the
sale deed for registration so presented by him. The petitioner
has further prayed for issuance of direction upon the
respondent no.6 to take decision in terms with the provision
contained in Section 71 of the Registration Act, 1908 if the said
respondent is otherwise intending to refuse registration of the
sale deed with respect to transfer of the land in question so
presented before him.
2. Learned counsel for the petitioner submits that the land in
question was recorded in the name of "Anabad Bihar Sarkar"
in the recent survey record. Aggrieved by the same, the
petitioner filed Case No.18 of 2009 in the court of Revenue
Officer, Dhanbad under Section 87 of Chotanagpur Tenancy
Act, 1908, in which notice was issued to the State
Government. After hearing the parties, the court of Revenue
Officer, Dhanbad passed the order dated 26th July, 2010,
directing to enter the name of the petitioner in the survey
record and to that effect, necessary correction was directed to
be made in the survey record and further to delete the name
of "Anabad Bihar Sarkar" from the survey record. Being
aggrieved by the said order, the respondent-State of
Jharkhand through the respondent no.4 preferred an appeal
before the District & Sessions Judge-VIII, Dhanbad being Misc.
Appeal No.44 of 2013, which was dismissed vide judgment
dated 22nd July, 2015, upholding the order dated 26th July,
2010 passed by the Revenue Officer.
3. It is further submitted that in compliance of the order dated
26th July, 2010, the respondent no.5 issued "continuous
Khatiyan" in favour of the petitioner mentioning his name with
respect to the land in question. Thereafter, the petitioner had
been regularly making payment of rent to the State
Government, which was duly accepted and rent receipts were
also issued in his favour till 2018.
4. It is also submitted that when the petitioner went to the office
of the respondent no.6 for getting his land transferred in
favour of other person, he was informed that the said land
cannot be transferred, as the same has been included in
prohibited list of land prepared by the Department of Revenue,
Registration and Land Reforms, Government of Jharkhand,
Ranchi. Thereafter, the petitioner requested the respondent
no.6 to provide a copy of prohibited list with respect to the
land in question, pursuant thereto extract copy of the same
was provided to him and was also uploaded on the website of
the respondent-State of Jharkhand. The petitioner
represented the respondent no.3 on 2nd December, 2024,
requesting, inter alia to take out the land in question from
prohibited list prepared and uploaded by the office of the said
respondent in the official website i.e. "National Generic
Document Registration System" (NGDRS), however, the same
remained unresponded, which has compelled the petitioner to
prefer the present writ petition.
5. Mr. Ankit Kumar, learned A.C. to S.C.I, appearing on behalf of
the respondents submits that if the petitioner prefers a fresh
representation on the present issue before the respondent
no.3, an appropriate decision/step will be taken in accordance
with law by the said respondent within a timeframe.
6. Having heard learned counsel for the parties and considering
the nature of prayer made in the writ petition, without entering
into merit of the case, the petitioner is given liberty to file a
fresh representation on the present issue before the
respondent no.3. On receipt of the said representation, the
respondent no.3 after verifying the relevant records and on
providing opportunity of hearing to the petitioner/his
representative shall take an appropriate decision/step within
six weeks from the date of filing of the representation.
7. The writ petition is, accordingly, disposed of with the aforesaid
liberty and direction.
(Rajesh Shankar, J.)
Sanjay/
