Kirtan Chandra Mondal v. the State of Jharkhand through the Secretary, Department of Registration, Revenue and Land Reforms

Jharkhand HC10 Jun 2025WPC/1154/2025

Case brief

AI extract

What is this about?

NGDRS prohibited list; non-registrable land; Article 226 writ petition; Dhanbad; Mouza Kolakusma; Khata No.741/142; registered Patta 29.09.1945; mutation; Miscellaneous Case No.46 of 2022; direction to Deputy Commissioner to dispose of representation within six weeks; jurisdiction of Deputy Commissioner to restrain transfer not decided; 2025:JHHC:14964.

What did the court decide?

Writ petition disposed of with a direction to the Deputy Commissioner, Dhanbad (respondent no. 2) to dispose of Miscellaneous Case No.46 of 2022 in the light of settled law within six weeks from receipt/production of a copy of the order; interlocutory application(s), if any, disposed of. ¶¶31

Kirtan Chandra Mondal Vs the State of Jharkhand… — Writ and Judicial Review | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Deputy Commissioner has jurisdiction to restrain transfer/registration of the petitioners' land by placing it in the prohibited (non-registrable) list of NGDRS. +1 more

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Ratio / Principle

The application for release of the land from the prohibited list (Miscellaneous Case No.46 of 2022) has not been disposed of.

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Key takeaways

The Deputy Commissioner, Dhanbad (respondent no. 2) is directed to dispose of Miscellaneous Case No.46 of 2022 in the light of settled law, within six weeks from the date of receipt/production of a copy of the order.ratio¶¶30

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (Gautam Kumar Choudhary, J.), W. P. (C) No. 1154 of 2025, decided 10.06.2025 (2025:JHHC:14964) — Petitioners, purchasers of land in Mouza Kolakusma, Dhanbad (Khata No.741/142: Plot No.1171/3696 admeasuring 2.90 acres and Plot Nos.1168/3696, 1169/3696, 1170/3696, 1328/3696 and 1329/3696 admeasuring 2.68 acres, settled with their ancestors vide registered Patta dated 29.09.1945 and since mutated), filed a writ petition under Article 226 seeking removal of the land from the prohibited list of the National Generic Document Registration System (NGDRS), by which it had been placed in the non-registrable category. Their representation, registered as Miscellaneous Case No.46 of 2022 for release of the land from the prohibited list, had not been disposed of. Held: writ petition disposed of with a direction to the Deputy Commissioner, Dhanbad to decide Miscellaneous Case No.46 of 2022 in the light of settled law within six weeks. The counsel's contention that the Deputy Commissioner has no jurisdiction to restrain transfer of land by the prohibited list was noted but not adjudicated by the Court.

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2025:JHHC:14964

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W. P. (C) No. 1154 of 2025

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Kirtan Chandra Mondal, S/o Late Ram Charan Mondal, R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad

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Bishwanath Mondal, S/o Late Ram Charan Mondal, R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad

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Pashupati Mondal, S/o Late Rash Bihari Mondal, R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad

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Kartik Mondal, S/o Late Rash Bihari Mondal, R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad

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Sripati Mondal, S/o Late Rash Bihari Mondal R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad

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Navin Mondal, S/o Late Rash Bihari Mondal R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad

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Haldhar Mondal, S/o Late Bikal Mondal R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad

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Birendra Mondal, S/o Late Bikal Mondal R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad

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Hiren Kumar Mondal, S/o Late Bikal Mondal R/o Kolakusma, P.O. & P.S.-Saraidehla, Dist.-Dhanbad

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… …. Petitioners

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Versus

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The State of Jharkhand through the Secretary, Department of Registration, Revenue and Land Reforms, Officiating from his office at Project Bhawan, P.O. & P.S.-Dhurva, Dist.-Ranchi

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Deputy Commissioner, Dhanbad, officiating from his office at O/o the Deputy Commissioner, P.O & P.S.-Deoghar, Dist.-Dhanbad

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Circle Officer, Dhanbad officiating from his office at O/o the Circle Officer, P.O. & P.S.-Deoghar, Dist.-Dhanbad … ….

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Respondents

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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----For the Petitioners : M/s Prashant Pallav, Advocate Parth Jalan & Shivani Jaluka, Advocates For the State : Mr. Rakesh Kr. Roy, AC to GA-III ----- Oral Order

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04 / Dated : 10.06.2025

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The instant writ petition has been filed under Article 226 of the Constitution of India for direction to remove the scheduled property from the prohibited list of the National Generic Document Registration System (NGDRS) by which the land has been put in prohibited list for registration.

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As per the case of the petitioners, the land pertaining to Khata

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2025:JHHC:14964

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No.741/142 appertaining to Plot No. 1171/3696 measuring an area 2.90 acres and the land measuring an area of 2.68 acres within Khata No. 741/142 appertaining to Plot Nos. 1168/3696, 1169/3696, 1170/3696, 1328/3696 and 1329/3696, Mouza Kolakusma, Dhanbad was settled by the ancestors of the petitioners vide registered Patta dated 29.09.1945.

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The petitioners purchased the said land and after purchase, the land was duly mutated in their name. By the impugned prohibited list, the scheduled land has been put in the non-registrable category. The petitioners submitted representation which was registered as Miscellaneous Case No.46 of 2022 for release of land from the prohibited list.

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It is contended by the learned counsel that the Deputy Commissioner has no jurisdiction to restrain the transfer of land by putting it in the prohibited list, in view of the settled law on the point by this Court.

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From the submissions advanced, it appears that the application for release of the land from the prohibited list has not been disposed of.

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Accordingly, the Deputy Commissioner, Dhanbad (respondent no. 2) is directed to dispose of Miscellaneous Case No.46 of 2022 in the light of settled law, within six weeks from the date of receipt/production of a copy of this order.

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Writ Petition is disposed of. Interlocutory Application, if any,

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is disposed of.

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(Gautam Kumar Choudhary, J . )

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AKT/Satendra

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Kirtan Chandra Mondal v. the State of Jharkhand through the Secretary, Department of Registration, Revenue and Land Reforms

Case brief

What is this about?

What did the court decide?

Kirtan Chandra Mondal v. the State of Jharkhand through the Secretary, Department of Registration, Revenue and Land Reforms

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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