Jharkhand High Court
Jitendra Kumar vs The State Of Jharkhand on 28 February, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.6694 of 2023
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Jitendra Kumar, son of Bahadur Gope, aged about 29
years, resident of village Mandaikhurd, P.O. Reformatory
School, P.S. Lohsinghna, District Hazaribag
...... Petitioner
Versus
1. The State of Jharkhand
2. Secretary, Department of Revenue, Registration
and Land Reforms, having its office at Project
Bhawan, P.O. + P.S. Dhurva
3. The Commissioner, North Chotanagpur Division,
Hazaribag, P.O. + P.S. + District Hazaribag
4. The Commissioner, North Chotanagpur Division,
Hazaribag, having office at Hazaribagh P.O. + P.S. +
District Hazaribag
5. The Deputy Commissioner, Hazaribagh, having
office at Hazaribagh, P.O. + P.S.+ District-
Hazaribagh
6. Additional Collector, Hazaribagh, having its office
at Hazaribagh, P.O. + P.S. + District Hazaribagh
7. The Deputy Collector Land Reforms, Hazaribag
having office at Hazaribag Collectorate, Hazaribag,
P.O.+P.S. Hazaribag, District Hazaribag
8. S.D.O., Hazaribagh, P.O. + P.S. Hazaribagh,
District Hazaribag
9. The Circle Officer, Sadar, P.O. P.S. Sadar, District
Hazaribag
10. Registrar, Jharkhand having its office at Kutchery,
P.O. + P.S. - G.P.O, District- Ranchi
11. Sub-Registrar, Hazaribagh, having its office at
Hazaribagh, P.O. + P.S. + District- Hazaribagh
.... Respondents
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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioner : Mr. Pratik Sen, Adv.
For the Res-State : Mr. Saurabh Sagar, AC to SC-III
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05/Dated:28.02.2025
1. The instant writ application has been preferred
by the petitioner for quashing the list (Part of Annexure-
5) obtained through RTI to the extent, whereby the land
of the petitioner has been declared as a Gair Mazrua
Khas and accordingly has been put under the category
of "Pratibandhit Suchi" as a consequence to which no
sale or registration of land pertaining to Mauza
Nawadiha Khata no. 47 (47/89 and 47/82) Plot No. 970,
area admeasuring an area of 4 acres can take place OR
for directing the concerned respondent authorities to
remove the said lands from Pratibandhit Suchi by
adopting due process of law as per the notification dated
07.09.2021.
2. The brief facts of the case are that the
grandfather of the petitioner namely, Keda Gope, had
acquired the land in question by virtue of settlement by
the Government in the year 1971. Keda Gope died
leaving behind 3 sons Ghanshyam Gope, Bahadur Gope
and Sanjay Yadav. The petitioner happens to be son of
Bahadur Gope. It is, however, noteworthy to mention
herein that the rent receipts were issued in the name of
Keda Gope till 1996. The petitioner was in peaceful
possession of the land and had constructed dwelling
house over the said land.
Thereafter, in course of time, the land of the
petitioner had been put in the category of Pratibandhit
Suchi. In an RTI query, a response was provided on
04.11.2023 annexing a list of lands which were put
under the category of Gair Mazarua Khas. The petitioner
submits that a notification dated 07.09.2021 was
obtained through website of Department of Revenue,
Registration and Land Reforms. Thereafter, an
application was made before the Deputy Commissioner
Hazaribag and Additional Collector Hazaribag to remove
the said land from the Pratibandhit Suchi; however,
nothing happened till date; hence, this writ application.
3. Learned counsel for the petitioner submits that the
core issue has already been decided and the present writ
application is covered by the judgment dated 13th
December, 2024 passed in W.P.(C) No. 847 of 2023
(Brinda Devi Agarwal Vs. State of Jharkhand). Learned
counsel for the Respondents could not dispute the
aforesaid position.
4. Even otherwise, in view of the fact that the
Respondent authorities are not vested in any law to
exercise any jurisdiction affecting the right, title and
interest of any individual. It is only the Civil Court of
competent jurisdiction, who will decide such issue.
Placing any property in prohibited list is a colourable
exercise of power and the State authorities cannot be the
judge of its own cause.
5. Therefore, for reasons alike, the instant writ
application stands allowed and the concerned
Respondent is hereby directed to ensure that the land of
the petitioner is removed from Pratibandhit Suchi within a
period of 4 weeks from the date of receipt/production of
copy of this order. Pending I.A.s, if any, also stand
closed.
(Deepak Roshan, J.)
Fahim/-
