Partly allowed¶63

Tapan Kumar Sinha v. the State of Jharkhand

Jharkhand HC30 Jan 2026WPC/316/2026

Case brief

AI extract

What is this about?

Deed-writer licence rejection orders dated 23.07.2019 by Deputy Commissioner-cum-District Registrar, Chas, set aside by Jharkhand High Court (Rajesh Kumar, J.) in W.P.(C) No.316 of 2026 decided 30.01.2026; Rule 7 (d) and Rule 7(2) of the Bihar Deed Writers Licensing Rules, 1996 – licence grantable without examination to applicants otherwise competent or practising for ten years; ten-year practitioner exemption; Bokaro deed writers; reconsideration directed.

What did the court decide?

Impugned rejection orders dated 23.07.2019 set aside; authorities directed to reconsider the petitioners' deed-writer licence claims under Rule 7 (d) and Rule 7(2) of the Bihar Deed Writers Licensing Rules, 1996; writ petition disposed of with these observations and directions. ¶63

Tapan Kumar Sinha Vs the State of Jharkhand — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether deed writers with over ten years of practice are entitled to licences under Rule 7 (d) and Rule 7(2) of the Bihar Deed Writers Licensing Rules, 1996 without passing the licensing examination. +1 more

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Court's answer

Per Rule 7 (d) and Rule 7(2) of the Bihar Deed Writers Licensing Rules, 1996, apart from the three prescribed criteria, a licence may be granted where the applicant is otherwise competent or has practised for ten years.

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Ratio / Principle

A person who has been a Deed Writer for more than ten years is under no mandatory requirement to pass or appear in any examination under the Rules.

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Key takeaways

The licensing authority did not consider Rule 7 (d) and Rule 7(2) while rejecting the petitioners' claim.ratio¶60
The impugned rejection orders dated 23.07.2019 are set aside.ratio¶61
The authorities are directed to consider the petitioners' claims afresh under Rule 7 (d) and Rule 7(2).ratio¶62

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (Rajesh Kumar, J.) – W.P.(C) No.316 of 2026, decided 30.01.2026. Thirteen deed writers of Bokaro challenged thirteen orders dated 23.07.2019 of the Deputy Commissioner-cum-District Registrar, Chas (respondent no. 3), rejecting their applications for deed-writer licences under the Bihar Deed Writers Licensing Rules, 1996; each claimed long standing in the profession (from 1984 onwards) and practice exceeding ten years before the Sub-Registrar, Chas. Reading Rule 7 (d) and Rule 7(2) of the Rules together, the Court held that, besides the three prescribed criteria, a licence may issue where the applicant is otherwise competent or has practised for ten years, and that a deed writer of more than ten years' standing need not pass or appear in any examination. Finding that these two provisions were not considered by the licensing authority, the Court set aside the impugned orders and directed the authorities to reconsider the petitioners' claims under those two Rules. The writ petition stands disposed of.

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2026:JHHC:2390

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No.316 of 2026

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....

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Tapan Kumar Sinha, aged about 65 years, S/o Surya Narayan Sinha, R/o Bhandro, P.O.-Kura, P.S.-Pindrajora, District-Bokaro, Jharkhand

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Prabhash Chandra Goral, aged about 53 years, S/o Shridhar Chandra Goral, R/o Andharteliya, P.O.-Dudhigajar, P.S.-Chas Mufasil, District-Bokaro, Jharkhand

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Ashok Kumar Mahato, aged about 64 years, S/o Bhujang Bhushan Mahato, R/o Village-Adrakuri, P.O. & P.S.-Adrakuri, District-Bokaro, Jharkhand

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Tarapad Majhi @ Tarapad Kumar, aged about 62 years, S/o Dwijendranath Kumar, R/o Ranichirka, P.O. & P.S.-Kumardaga, District-Bokaro, Jharkhand

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Nayan Kumar Ghosh, aged about 47 years, S/o Mrityunjay Ghosh, R/o VillageKherabera, P.O. & P.S.-Chandankiyari, District-Bokaro, Jharkhand

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Biranchi Mahato @ Viranchi Kumar, aged about 60 years, S/o Khandu Kumhar, R/o Ranichirka, P.O.-Kumardaga, P.S.-Pindrajora, District-Bokaro, Jharkhand

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Ajit Kumar Mahato, aged about 71 years, S/o Late Suryakant Mahato, R/o Andharteliya, P.O.-Dudhigajar, P.S.-Chas Mufasil, District-Bokaro, Jharkhand

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Chhote Lal Mahato, aged about 66 years, S/o Shobharam Mahato, R/o Kanshitand, P.O.-Kumardaga, P.S.-Pindrajora, Pokhanna, District-Bokaro, Jharkhand

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Moinuddin Ansari, aged about 50 years, S/o Jalaluddin Ansari, R/o Sijua, P.O.Radhanagar, P.S.-Balidih, District-Bokaro, Jharkhand

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Brishketu Prasad, aged about 49 years, S/o Shivnandan Nayak, R/o Jodhadih More, near Shiv Mandir, P.O. & P.S.-Chas, District-Bokaro, Jharkhand

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Shivlal Mahato, aged about 46 years, S/o Arjun Mahato, R/o Domatand, P.O.Chiksia, P.S.-Chas MU, District-Bokaro, Jharkhand

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Shubhankar Mahato, aged about 67 years, S/o Bharat Mahato, R/o Telidih, P.O. & P.S.-Chas, District-Bokaro, Jharkhand

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Prasadi Mahato, aged about 49 years, S/o Pashupati Mahato, R/o Andharteliya, P.O.-Dudhigajar, P.S. Chas Mufasil, District-Bokaro, Jharkhand

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.… Petitioners

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Versus

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The State of Jharkhand

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Inspector General Registration, Revenue Registration and Land Reforms Department, Government of Jharkhand, Dhurwa, P.O. & P.S. Jagnnathppur, District-Ranchi, Jharkhand

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The Deputy Commissioner-cum-District Registrar, Registry office, Chas, P.O. & P.S. Chas, District-Bokaro, Jharkhand

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Sub-Registrar, Registry office, Chas, P.O. & P.S.-Chas, District-Bokaro, Jharkhand

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Deputy Commissioner, Bokaro, P.O., P.S. & District-Bokaro Steel City, Jharkhand .... Respondents

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioners : Dr. Vandana Singh, Adv. : Ms. Aliza, Adv. For the State : Mr. Sonal Tiwary, AC to AG

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02/30.01.2026

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

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“i. For issuance of appropriate writs)/ order(s)/ quashing the Order No. 40, Memo No. 1050; Order No.15, Memo No. 1025; Order No. 33, Memo No.

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2026:JHHC:2390

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1048; Order No. 43, Memo No. 1053; Order No. 39, Memo No. 1049; Order No. 49, Memo No. 1039; Order No. 25, Memo No. 1032 and Order No. 23, Memo No. 1034; Order No. 27, Memo No. 1037; Order No. 26, Memo No. 1036; Order No. 42, Memo No. 1052; Order No. 10, Memo No. 1020; Order No. 18, Memo No. 1038 dated 23.07.2019 whereby and whereunder the petitioners' prayer for the grant of license under the Bihar Deed Writers Licensing Rules, 1996 has been rejected by the respondent no. 3.

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ii. For a further direction upon the respondents particularly upon respondent no. 3 for the issuance of license to the petitioner as Deed Writers as they are writing Deeds in the office of the respondent no. 4 since long (more than 10 years).

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iii. During the pendency of the writ petition, the general notice (contained in Annxure-4) be stayed and the petitioners be allowed to continue to write Deeds.”

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The description of the petitioners have been disclosed at para-5 of the present writ petition, which reads as under:-

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Sl.	Name	YEAR	NUMBER	OF
No.			(APPROX)
1.	Tapan Kumar Sinha	1984		8100
2.	Prabhash Chandra Goral	1988		7000
3.	Ashok Kumar Mahato	1987		3600
4.	Tarapad Majhi	2000		4500
5.	Nayan Kumar Ghosh	2002		4500
6.	Biranchi Mahato	2003		2000
7.	Ajit Kumar Mahato	1992		4000
8.	Chhote Lal Mahato	1989		8500
9.	Moinuddin Ansari	2004		8500
10.	Brishketu Prasad	2004		5000
11.	Shivlal Mahato	2011
12.	Shubhankar Mahato	1998		6600
13.	Prasadi Mahato	2002		3600

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The relevant Rule operating in the field has been quoted in the impugned rejection order (Annexure-2 series) which reads as under:-

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“3. (a) Qualification- The following shall be qualification for a deed

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writer.

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W.P.(C) No.316 of 2026

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2026:JHHC:2390

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(b) "District Registrar" means the Registrar of a Registration district appointed under the Act.

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(c) he has passed Deed Writers licensing examination conducted under Rule, Provided that a license may be granted to any person who has been in the profession of that documents writer for at least ten years prior the date of the Registration (Bihar Amendment) Act 1991 came into force, without requiring him to appear in the written test referred to in sub-section (1) if the Registrar of a District or any other officer authorized by him in this behalf is satisfied that he is otherwise fit to take the profession of document writer.

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(d). "Sub Registrar" means a Sub-Registrar appointed under the Act and includes a Joint Registrar.

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(e). "Registration" means Registration of document under the Act.

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Examination- (1) The examination for "The Deed Writers Licence" shall be conducted by the licensing authority. The time and place of the examination and other details shall be notified by the licensing authority. The setting of question papers and its printing shall be done by the District

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Registrar.

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Issue of licence.- (1) The licensing authority, on being satisfied that the applicant:-

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(a) has passed the prescribed examination;

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(b) is not disqualified under rule for the grant of licence;

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(d) is otherwise fit to be given a licence may grant a document writers licence in Form 'C' or apprentice licence in From 'D' as the case may be.

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The licensing authority may grant a licence to any person who is in the profession for the last 10 years on the date of coming into force of these rules without requiring him to appear in the text examination.

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If the licence issuing authority has reason to believe that licence cannot be issued to the applicant under any sub-rule of rule 7 the authority shall after recording reasons inform the refusal of application.”

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Thus, mere perusal of Rule 7 (d) of the Bihar Deed Writers Licensing Rules, 1996 and Rule 7(2), it is evident that apart from above three criteria, if otherwise, an applicant is competent or had practiced for 10 years, license may be granted.

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