Jemal Kisku @ Jimal Kisku S/O Late Lakhan ... vs The State Of Jharkhand
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Jharkhand High Court

Jemal Kisku @ Jimal Kisku S/O Late Lakhan ... vs The State Of Jharkhand on 23 March, 2026

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                                                         2026:JHHC:8609




     IN THE HIGH COURT OF JHARKHAND, RANCHI
              W.P. (C.) No. 3173 of 2008
                               ----

1. Jemal Kisku @ Jimal Kisku S/o Late Lakhan Kisku

2. Sushil Kisku son of late Shankar Kisku

3. Moharil Kisku son of late Ruben Kisku

4. Suniram Kisku son of late Ruben Kisku

5. Binod Kisku son of late Ruben Kisku

6. Rameshal Kisku @ Rameswar Kisku son of late Ruben Kisku

7. Sunil Kisku son of late Gopin Kisku

8. Santosh Kisku son of late Gopin Kisku

9. Chutar Kisku @ Chhutar Kisku son of late Jolha Kisku

All are the residents of village- Bisunpur, P.O. P.S.- Shikaripara, S.C. Dhaka, Subdivision and District- Dumka.

                                               .... Petitioner
                          --    Versus --
1. The State of Jharkhand.

2. Commissioner, Santhal Pargana Division, Dumka

3. Settlement Officer, Dumka

4. Assistant Settlement Officer, Dumka

5. Bijay Hembrom son of Charan Hembrom

6. Kiran Hembrom son of late Jaidhan Hembrom

7. Rambilash Hembrom son of late Jaidhan Hembrom

8. Albin Hembrom son late Jaidhan Hembrom

9. Krishna Hembrom son of late Jaidhan Hembrom

10. Jasai Hembrom son of Mohril Hembrom

11. Dhudhi Hembrom son of Mohril Hembrom.

Respondents No. 6 to 11 are the residents of village- Bishunpur, S.C. Dhaka, P.O. + P.S.- Shikaripara, Subdivision- Dumka,

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District- Dumka.

12. -/16/- anna raiyats of Mouza Bishunpur, S.C. Dhaka, P.S.+ P.O. Shikaripara, Sub-Division- Dumka, District- Dumka.

.... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Anil Kumar, Sr. Advocate Ms. Chandana Kumari, Advocate Mr. Prabhat Kumar Singh, Advocate Mr. Aniket Kumar Ojha, Advocate For the State :- Mr. Vishal Kumar Rai, AC to GA-IV Mr. Bhanu Pratap, AC to GA-IV For Resp. No. 5-11 :- Mr. D.C. Mishra, Advocate

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14/23.03.2026 Heard learned counsel appearing for the petitioner and

learned counsel appearing for the State.

2. This writ petition has been filed for quashing the order

dated 31.03.2008 passed in RMA No. 95 of 1987-88 by respondent

no. 2 and the order dated 10.04.1987 passed by respondent no. 3

in Fouti Case No. 69 of 1987 whereby the direction has been issued

for settlement of land in favour of the private respondents with

respect to the land of Jamabandi No. 22 of Mouza Bishunpur.

3. Mr. Aniket Kumar Ojha, A.C. to Mr. Anil Kumar, learned

Senior counsel, submits that land of Jamabandi No. 22 of Mouza

Bishunpur is jointly recorded in the name of Sido Kisku and Dhakhin

Kisku who are the sons of Furlai Kisku in the last Survey Settlement

Operation commonly known as Gentzer's Settlement showing the

aforesaid land given in the Jimanama of the then Pradhan Bagmat

Hembrom. By referring para-5 of the writ petition, he submits that

genealogy has been disclosed therein and in the light of said

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genealogy, he submits that the petitioners and the recorded tenants

are descendants of the common ancestor Sham Manjhi.

4. He further submits that the Sido Kisku and Dhakhin Kisku

died issueless leaving behind the present petitioners as the next

nearest reversioners and legal heirs of the deceased recorded

tenants. In this background, he submits that both the learned

Courts have given the wrong findings and directed to record the

name of the private respondent nos. 5 to 11. He submits that in

view of this fact, the impugned order may kindly be set aside.

5. Learned counsel appearing for the State and private

respondent nos. 5 to 11 jointly submits that both the learned courts

have given concurrent findings regarding the issue in question and

there is no illegality in the impugned orders, as such this writ

petition may kindly be dismissed.

6. Learned counsel for the state further submits that in parcha

of the last survey settlement it has come that in the Gentzer's

Survey Settlement Jamabandi No. 22 of Mouza Bishunpur stands

recorded in the name of Sido Kisku and Dhakhin Kisku and it was

shown in the Jimma of the then Village Pradhan Bagmat Hembrom

as raiyat, who went to Assam for livelihood.

7. He further submits that the recorded tenants Sido Kisku and

Dhakhin Kisku died issueless and hence, Fouti Case No. 69 of 1987

started for the land last settlement of Jamabandi No. 22 of Mouza

Bishunpur, Thana No. 09, P.S. Sikharipara, District- Dumka during

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the present survey settlement by Assistant Settlement Officer

Attestation Camp Shikaripara (North) that has been admitted by the

authority concerned. He further submits that not even a single chit

of paper brought on record to suggest that these petitioners are the

legal heirs and successors of Sido Kisku and Dhakhin Kisku. These

aspects of the matter have been rightly appreacited by both the

learned courts. Thereafter, private respondents name has been

directed to be recorded.

8. On query made by the court, learned counsel appearing on

behalf of the petitioners has not been able to demonstrates how the

petitioners are legal heirs and successors of Sido Kisku and Dhakhin

Kisku. Even in the writ petition no chit of paper has been annexed

to that effect showing about inheritance right.

9. Considering all aspects of the matter, the learned courts

have passed the order and this court finds that there is no illegality

in the impugned orders, as such this writ petition is dismissed.

Pending I.A., if any, stands disposed of.

(Sanjay Kumar Dwivedi, J.) Dated 23.03.2026 Pawan/ Uploaded 26.03.2026

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