Disposed

Mayank Kumar v. the State of Jharkhand through the Principal Secretary Deptt of Land Reforms and Revenue

Jharkhand HC22 Aug 2024WPC/7624/2023

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition seeking a direction to issue a Land Ownership Certificate for registration of a sale deed, following a coordinate bench order and disposing of any pending applications.

What did the court decide?

Petitioner's prayer disposed of in light of coordinate bench judgment in W.P.(C) No. 6905 of 2023; pending I.A. (if any) disposed of.

Mayank Kumar Vs the State of Jharkhand through the… — Landlord and Tenant | Jharkhand HC (2024)

¶1

IN THE HIGH COURT OF JHARKHAND, RANCHI

¶2

W.P.(C) No. 7624 of 2023

¶3

----

¶4

Mayank Kumar, aged about 33 years, son of Sri Rajeshwar Prasad, Flat No. 405 and 406 Tzura-Us-2 Ashianan Anantara Mango, Near NH-33 Big Bazar, Jamshedpur, P.O. and P.S. Mango, District-East Singhbhum, Jamshedpur, Jharkhand-831012.

¶5

-- Versus --

¶6

The State of Jharkhand through the Principal Secretary, Department of Land Reforms and Revenue, Project Building, Dhurwa, P.O. and P.S. Dhurwa, District-Ranchi, Jharkhand

¶7

The Deputy Commissioner, Deoghar, P.O. and P.S. Deoghar, DistrictDeoghar

¶8

The Circle Officer, Mohanpur, P.O. and P.S. Mohanpur, District-Deoghar

¶9

……….Respondents

¶10

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

¶11

For the Petitioner : Mr. Vijay Shanker Jha, Advocate

¶12

Mr. Abhishek Sharan, Advocate

¶13

For the State : Mr. Vishnu Prabhakar Pathak, A.C. to S.C.-V

¶14

05 /22.08.2024 :-Heard learned counsel for the petitioner and learned counsel for the respondent-State.

¶15

Prayer in the writ petition is made for direction upon the respondent no. 3-Circle Officer., Mohanpur to issue Land Ownership (Possession) Certificate for the land situated in Mouza-Baghakura, Thana No. 534, Khata No. 8/1 K3, Khesra No. 31, Area 24,060 Sq. ft.

¶16

Learned counsel for the petitioner submits that the said certificate is required at the time of registration of sale deed. He submits that the petitioner intends to willing to sell the land for that application was made for Land Ownership (Possession) Certificate. He submits that the case of the petitioner is covered in the light of judgment dated 26.06.2024 of the Coordinate Bench of this Court passed in W.P.(C) No. 6905 of 2023 contained in annexure-11 of the supplementary affidavit.

¶17

Learned counsel for the State submits that so far annexure11 of the supplementary affidavit which is order passed by the Coordinate Bench is concerned, there it has been held that in absence of such possession certificate registration can also be made if the land owner is said to be the owner of the land. He refers to para 6 and 7 of the counter-affidavit and submits that reasons for rejection of the prayer

¶18

¶19

of the petitioner is disclosed therein.

¶20

In view of above if the petitioner is willing to sell the land on the ground of such certificate that cannot be withheld in view of judgment dated 26.06.2024 of the Coordinate Bench of this Court passed in W.P.(C) No. 6905 of 2023.

¶21

Accordingly, this writ petition is disposed of in the light of judgment dated 26.06.2024 of the Coordinate Bench of this Court passed in W.P.(C) No. 6905 of 2023 Pending I.A., if any, stands disposed of.

¶22

( Sanjay Kumar Dwivedi, J.)

¶23

Satyarthi/

¶24

Mayank Kumar v. the State of Jharkhand through the Principal Secretary Deptt of Land Reforms and Revenue

Case brief

What is this about?

What did the court decide?

Mayank Kumar v. the State of Jharkhand through the Principal Secretary Deptt of Land Reforms and Revenue

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Birendra Toppo Vs the State of Jharkhand

Ramashish Roy Alias Ramashsih Singh Vs the State of Jharkhand

Visun Saw Vs the State of Jharkhand through the Deputy Commissioner

Diya Rani Das Vs Union of India through Its Secretary , Ministry of Health and Family Welfare

Baleshwar Prasad Mehta Vs the State of Jharkhand

Uttam Kumar Sharma Vs the State of Jharkhand