JHARKHAND HIGH COURT ISSUES ORDER ON HEMANT KUMAR GUPTA V/S STATE OF JHARKHAND AND ORS.

RANCHI, India, Nov. 12 -- Jharkhand High Court issued the following order on Oct. 13:

1. The instant application has been preferred by the petitioner praying for a direction upon the respondent-authorities to remove the schedule property of the petitioner from prohibited list in NGDRS as the land in question is transferrable in nature and is owned and possessed by the petitioner and is having markable title.

2. At the outset, learned counsel for the respondent-State produced a correction slip dated 12.10.2025 and other relevant documents and submits that the same is not under the prohibited list.

3. The said documents are taken on record.

4. Learned counsel for the petitioner, after going through the documents supplied to the Court today, copy of which has been served to her, draws attention of this Court towards para-7(a) of the writ petition and submits that after going through the documents given by the respondents which has been taken on record today, certainly indicates that the land in question is not in prohibited list; as such, respondents may be directed to allow the petitioner to use the land in question in the manner he so like in view of the facts that the petitioner is auction purchaser of the land in question.

5. Having regard to the aforesaid facts and circumstances of the case especially in view of the documents which has been taken on record before this Court today, especially the report of the Circle Officer dated 10.10.2025, it is evident that the land in question is not in prohibited list. Therefore, there might be some confusion with the Authorities vis-a-vis the petitioner that the land is under prohibited list; as such, in view of the specific statements and the documents, the instant writ application stands disposed of by observing that the land in question is not in prohibited list.

6. 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.

7. Consequently, the instant writ application stands allowed and the concerned Respondent authority is hereby directed not to raise any dispute with respect to the Prohibited List and further issue up to date rent receipt in favour of petitioner after accepting rent within a period of 2 weeks from the date of receipt/production of copy of this order. Pending I.A.s, if any, also stand closed.

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