JHARKHAND HIGH COURT ISSUES ORDER ON SHISHIR KUMAR CHOUHAN V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, March 19 -- Jharkhand High Court issued the following order on March 17:

1. Heard the parties.

2. The present writ petition has been filed for the following reliefs:-

"i. For issuance of an appropriate writ(s), order(s), direction(s) commanding upon the respondents to remove the raiyati land of the petitioner from the prohibitory property i.e. raiyati land of the petitioner situated at Mouza Barora, Thana No.97, New Plot No. 889, land measuring 6 decimals, New Plot No. 905, land measuring 33 decimals, New Plot No. 936, land measuring 13 decimals, New Plot No. 925, land measuring 19 decimals, New Plot No. 824, land measuring 42 decimals, total land 1 acre 51 decimals, under Khata No. 144, Mouza No.78, displayed in respondent website namely National Generic Document Registration System (in short N.G.D.R.S.).

ii. For issuance of an appropriate writ(s), order(s), direction(s) commanding upon the respondents to accept the rent from the petitioner and also issue rent receipt in his favour in respect of total land of 1 acre 51 decimals, whereas the respondents have accepted rent and issue rent receipt only in respect of 1 acre 41 decimals of land and not accepting the rent in respect of 10 decimals of land.

iii. The petitioner further prays for issuance of an appropriate writ(s), direction(s) order(s), commanding upon the respondents for entering the Jamabandi of the lands of the petitioner in on-line portal of Register-II of Govt. of Jharkhand and for accepting the current rent and issue rent receipt in favour of the petitioner."

3. The description of land is as follows:-

"Land situated at Mouza Barora, Thana No.97, New Plot No. 889, land measuring 6 decimals, New Plot No. 905, land measuring 33 decimals, New Plot No. 936, land measuring 13 decimals, New Plot No. 925, land measuring 19 decimals, New Plot No. 824, land measuring 42 decimals, total land 1 acre 51 decimals, under Khata No. 144, Mouza No.78."

4. The action of the State is based upon the notification No. 1132 dated 26.08.2015, which is on the basis of Section 22-A of the Registration Act, 1908. The Section 22-A of the Registration Act, 1908 has already been declared ultra vires by the Division Bench of this Court vide order dated 01.05.2025, passed in W.P.(C) No. 5088 of 2018 and analogous cases.

5. In view of the order dated 01.05.2025 of the Division Bench of this Court, the impugned list of prohibited land as mentioned in the present writ petition, is hereby quashed and set aside so far as the present writ petitioner is concerned.

6. Accordingly, the present writ petition stands disposed of.

7. However, the petitioner is at liberty to approach the respondent-authority for his remedy and the respondent-authority is directed to consider the same as per the law.

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