CIVIL APPEAL 4059 of 2023 on 29 September 2011

1. Asha Baranwal @ Asha Devi aged about 62 years, W/o, Brajnandan Lal Barnwal, R/o Near Maruti Show Room, Mohanpur, P.O.- Pachamba, P.S.- Jamua, District-Giridih. Brajnandan Lal Barnwal, R/o Near Maruti Show Room, Mohanpur, P.O.- Pachamba, P.S.- Jamua, District-Giridih. 2. Ranjan Kumar, aged about 42 years, S/o, Kanahiya Prasad, R/o Near Gandhi Chowk, Koderma Bazar, Patna -Ranch Road, Koderma, P.O., P.S. & District-Koderma. ......PetitionersR/o Near Gandhi Chowk, Koderma Bazar, Patna -Ranch Road, Koderma, P.O., P.S. & District-Koderma. ......Petitioners

Versus

1. The State of Jharkhand. 2. Deputy Commissioner, Koderma, P.O., P.S. & District- Koderma. 2. Deputy Commissioner, Koderma, P.O., P.S. & District- Koderma.

3. District Sub- Registrar, Koderma, P.O., P.S. & District- Koderma. Koderma.

4. Circle Officer, Koderma Anchal, Koderma, P.O., P.S. & District- Koderma. .....Respondents Koderma. .....Respondents

CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioners : Mr. Ashok Kumar Sinha, Advocate Ms. Kumari Priyambada, Advocate For the Respondents : Mr. Rakesh Kr. Roy, A.C. to G.A.-III --------- 07/Dated:-07.10.2025

1. The instant writ application has been preferred by the petitioners praying therein for the following reliefs:

A. For issuance of an appropriate writ(s), order(s) and/or direction(s), particularly a writ in the nature of certiorari for quashing of the Order dated 29/09/2011 contained in Memo No. 2620 (Annexure-3) issued under the signature of Deputy Commissioner, Koderma whereby and where under general order has been passed restraining the transfer of Raiyati Land situated at various Mauza of Koderma District without taking into consideration the fact that the land of petitioner is Raiyati Land in nature and rent receipts have been issued by by the Revenue Authority of the Koderma District in favour of the petitioner till the year 2022. B. For issuance of an appropriate writ(s), order(s) and/ or direction(s), particularly a writ in the nature of Mandamus commanding upon the concerned respondents to accept the Sale Deed of petitioners land pertaining to Khata No. 441, Kheshra No.- 4059, 4060, Mouza- Koderma, P.S. Koderma, Thana No. 333, measuring an area 18 Decimals of land situated at District Koderma and register the aforesaid Raiyati land in the name of the purchaser after presenting the Sale Deed before Respondent no. 3 and also direct the respondent authorities to allow the mutation in the name of the purchaser after applying mutation of the aforesaid land as the Respondent authorities especially the Respondent No-2 & 3 are in Contempt of Court by violating the various Orders passed by the particularly a writ in the nature of certiorari for quashing of the Order dated 29/09/2011 contained in Memo No. 2620 (Annexure-3) issued under the signature of Deputy Commissioner, Koderma whereby and where under general order has been passed restraining the transfer of Raiyati Land situated at various Mauza of Koderma District without taking into consideration the fact that the land of petitioner is Raiyati Land in nature and rent receipts have been issued by by the Revenue Authority of the Koderma District in favour of the petitioner till the year 2022. B. For issuance of an appropriate writ(s), order(s) and/ or direction(s), particularly a writ in the nature of Mandamus commanding upon the concerned respondents to accept the Sale Deed of petitioners land pertaining to Khata No. 441, Kheshra No.- 4059, 4060, Mouza- Koderma, P.S. Koderma, Thana No. 333, measuring an area 18 Decimals of land situated at District Koderma and register the aforesaid Raiyati land in the name of the purchaser after presenting the Sale Deed before Respondent no. 3 and also direct the respondent authorities to allow the mutation in the name of the purchaser after applying mutation of the aforesaid land as the Respondent authorities especially the Respondent No-2 & 3 are in Contempt of Court by violating the various Orders passed by the Hon'ble Court by still not accepting the Sale Deeds of the sellers like the petitioners in view of the Order passed by the Deputy Commissioner, Koderma pursuant to Order dated 29/09/2011 contained in Memo No. 2620 which has already been set aside by the Hon'ble Court on various occasions as apparent from the various Orders passed by this Hon'ble Court as Annexed herewith.

2. The brief facts of the case as it appears from the writ

application are that the land in question was purchased by the petitioners and was duly registered jointly in the name of petitioners way back in the year 1992 through Registered Sale Deed bearing Khata No.- 441, Kheshra No. 4059, 4060, measuring an area 18 Decimals of land situated at District Koderma. The rent for the said land has regularly been paid to the Government and the last rent receipt was issued in favour of the petitioners in the year 2022. However, the Deputy Commissioner, Koderma passed an order restricting the registration of land in the district Koderma falling under different Mouza. Consequently, the petitioners are unable to sell their lands.

3. Learned counsel for the petitioners submits that the core issue has already been decided and the present writ application is covered by the judgment dated 13[th] December, 2024 passed in W.P.(C) No. 847 of 2023(Brinda Devi Agarwal Vs. State of Jharkhand).

4. Learned counsel for the Respondents could not dispute the aforesaid position.

5. 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.

6. Therefore, for the reasons alike, the instant writ application stands allowed and the concerned respondent is directed to allow registration of the land in question without giving effect to order dated 29.09.2011 (Annexure-3) issued by Deputy Commissioner, Koderma prohibiting the transfer of land within a period of four weeks from the date of receipt/production of copy of this order.

7. Pending I.A.s, if any, also stand closed.

(Deepak Roshan, J.) OCTOBER 7, 2025 vikas/- NAFR