JHARKHAND HIGH COURT ISSUES ORDER ON SHREE BALAJEE INFRATECH DEVELOPERS V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, March 4 -- Jharkhand High Court issued the following order on Jan. 3:

1. 1. Heard learned counsel for the parties.

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

(a) for issuance of appropriate writ(s)/ order(s)/ direction(s) particularly in the nature of certiorari for quashing the list of prohibited land (Annexure 8) issued for prohibition of registration of transfer of land by The Revenue, Registration and Land Reforms Department, State of Jharkhand for the land situated at Mouza Kolakusma, Mouza No. 12, CircleDhanbad, C.S. Khata No. 142 (New Khata No. 741), C.S. Plot No. 3696, R.S. Plot No. 1154 area measuring 24 Decimals, R.S. Plot No. 1155 area measuring 3 Decimals, R.S. Plot No. 1156 area measuring 5 Decimals and R.S. Plot No. 1157 area measuring 2 Decimals, total area measuring 34 Decimals within the district Dhanbad.

(b) further the petitioner prays for issuance of appropriate writ(s)/ order(s)/ direction(s) directing the respondents to remove the land in question from the prohibited list of National Generic Document Registration System (NGDRS).

(c) Further the petitioner prays for issuance of appropriate writ(s)/ order(s)/ direction(s) particularly in the nature of mandamus commanding upon the respondents not to refuse registration of the land in question in the garb of showing the land in question in prohibited list unilaterally prepared by the respondents;

(d) further the petitioner prays for issuance of appropriate writ(s)/ order(s)/ direction(s) particularly in the nature of mandamus commanding upon the respondents not to harass the petitioner and not let the petitioner to run from one office to another without there being any fault on the part of the petitioner and accept the sale deed so presented for registration of transfer of land in question by the respondent no. 5.."

3. The description of land is as follows :-

"Mouza Kolakusma, Mouza No. 12, Circle- Dhanbad, C.S. Khata No. 142 (New Khata No. 741), C.S. Plot No. 3696, R.S. Plot No. 1154 area measuring 24 Decimals, R.S. Plot No. 1155 area measuring 3 Decimals, R.S. Plot No. 1156 area measuring 5 Decimals and R.S. Plot No. 1157 area measuring 2 Decimals, total area measuring 34 Decimals within the district Dhanbad."

4. It has been submitted by the learned counsel for the petitioner that the petitioner has presented the due documents for registration of sale deed, but the same has been rejected on the ground that the land in question comes under the prohibited list of NGDRS.

5. The order of the registering authority is in the teeth of the order passed 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. Accordingly, list of prohibited land, as contained in Annexure-8 to the present writ petition, is, hereby quashed, so far as the writ petitioner is concerned.

6. The petitioner is directed to approach the registering authority/ respondent No.5 for registration of sale deed along with the copy of this order. The registering authority is directed to proceed in the matter of registration of sale deed, in accordance with law, if there is no other legal impediment, within two weeks from the date of receipt of application by the petitioner.

7. With the above observation and direction, the present writ petition stands disposed of.

8. Pending interlocutory application, if any, stands disposed of.

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