Ram Bijay Singh and Ors. v. State of Jharkhand through the Deputy Commissioner and Ors.

Jharkhand HC10 Sept 2024WPC/5085/2015

Case brief

AI extract

What is this about?

Mutation/title dispute over 11.68 acres, Khata No.2, village Rampur, P.S. Nawadih (Dist. Hazaribagh/Bokaro); petitioners as auction purchasers in certificate case vs respondent No.3 claiming Zirat land by inheritance; orders of Land Reforms Deputy Collector (14.05.2013, Misc. Case No.62/2000/05/2004-05) and Additional Collector, Bokaro (31.07.2015, Misc. Appeal Case No.05 of 2013); writ jurisdiction cannot decide title; petition disposed of with issue kept open and liberty to seek remedy; pending I.A. disposed of.

What did the court decide?

No quashing; writ petition disposed of with the entire issue kept open and liberty given to the petitioners to work out their remedy in accordance with law. ¶¶25

Ram Bijay Singh and Ors. Vs State of Jharkhand through the Deputy Commissioner and Ors. — Jharkhand HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

(Civil Writ Jurisdiction)

¶3

W.P. (C) No.5085 of 2015

¶4

¶5

1. Ran Bijay Singh s/o Late Bishwanath Singh, r/o Village, P.O. + P.S. – Nawadih, Dist.-Bokaro.

¶6

2. Kaleshwar Prasad Sao s/o Late Mahadeo Sao,

¶7

3. Basant Lal @ Basant Prasad, s/o Late Mahadeo Sao, Nos.2 & 3 r/o Village Harladih, P.O. + P.S. – Nawadih, Dist.-BOkaro.

¶8

…. …. Petitioner(s)

¶9

Versus

¶10

1. The State of Jharkhand through the Deputy Commissioner, Bokaro, P.O. + P.S., Dist.-Bokaro.

¶11

2. Dilip Kumar s/o not known to the petitioner, Ex-Mukhiya, Village, P.O. + P.S. – Nawadih, Dist.-Bokaro.

¶12

3. Saurabh Narayan Singh s/o Late Indra Jitendra Narayan Singh, r/o Laxmi Niwas Palace, Padma, P.O. + P.S. – Barhi, Dist.-Hazaribagh.

¶13

…. …. Respondent(s)

¶14

----

¶15

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

¶16

For the Petitioner(s)	---- : Mr. Suvendu Jaipuriar, Adv. Mr. Sunil Kr. Jaiswal, Adv.
	Mr. Sunil Upadhyay, Adv.
For the Respondent(s)	: Ms. Nirupama, A.C. to Sr. S.C.-II
	Mr. Laxman Kumar, Adv.
	Mr. L.C.N. Shahdeo, Adv.

¶17

¶18

21/Dated: 10^th September, 2024

¶19

1. Heard the learned counsel for the parties.

¶20

2. The present writ petition has been filed for quashing the order dated 31.07.2015 passed by the learned Additional Collector, Bokaro in Misc. Appeal Case No.05 of 2013 (Annexure-2) and the order dated 14.05.2013 passed by the learned Land Reforms Deputy Collector in Misc. Case No.62/2000/05/2004-05, whereby the authorities have illegally held and affirmed that the respondent No.3 has legal right to the land and entitled to get his name mutated against the said lands.

¶21

3. The description of the land is as follows:-

¶22

“Khata No.2, Plot No.1136 – Area 1.24 acres, 1138 – Area 1.37 acres, 1140 – Area 0.95 acres, 1437 – Area 0.14 acres, 1439 – Area 1.37 acres, 1513 – Area 2.87 acres, 1514 – Area 2.96 acres and 1517 – Area 0.70 acres, total Area 11.68 acres, village Rampur, P.S. Nawadih, P.S. No.75, Dist.-Hazaribagh”

¶23

4. It appears that basically there is the title dispute between the petitioners and the private respondents. The petitioners are claiming the above land on the basis of auction purchaser in a certificate case while the respondents are claiming it through inheritance being a Zirat land.

¶24

5. The title of the parties cannot be decided either by the Revenue Authority or by this Court under the writ jurisdiction.

¶25

6. In that view of the matter, the present writ petition is hereby disposed of keeping the entire issue open and the petitioners are at liberty to work out their remedy in accordance with law.

¶26

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

¶27

(Rajesh Kumar, J.)

¶28

Amar/Uploaded

¶29

Page | 2

¶30

W.P. (C) No.5085 of 2015

Ram Bijay Singh and Ors. v. State of Jharkhand through the Deputy Commissioner and Ors.

Case brief

What is this about?

What did the court decide?

Ram Bijay Singh and Ors. v. State of Jharkhand through the Deputy Commissioner and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Branch Manager Cholamandalam M/S General Insurance Company through Its Dy Manager Prafull Choudhary Vs Lal Banu Bibi

Ritlal Prasad Mandal Vs the State of Jharkhand

Vijay Subrano Vs the State of Jharkhand

Manoj Kumar Vs Gita Devi

Ms Salvel Advertising Pvt. Ltd. Through Its Sales Manager Mr Kingsukh Ghoshal Vs Urban Development Department

Ms Raj Outdoor Advertising Pvt. Ltd. Through Its Director Mr Amit Raj Vs Urban Development Department