Chhotu Mahto Vs the State of Jharkhand, through the Secretary, Revenue and Land Reforms Department — Jharkhand HC (2026) — LawSathi Research

Chhotu Mahto Vs the State of Jharkhand, through the Secretary, Revenue and Land Reforms Department — Jharkhand HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition with liberty to approach the revenue authority under the Member Board of Revenue; the impugned orders were not quashed and the jurisdictional issue under Section 16(3)(i) was not adjudicated.

Issue for consideration

Whether the Order dated 27.03.2025 of the L.R.D.C., Khorimahuwa in Land Ceiling Case No. 02/2024-2025 and the appellate Order dated 25.11.2025 of the Deputy Commissioner cum District Magistrate, Giridih in Land Ceiling Appeal No. 06/2025 were without jurisdiction, arbitrary and non est, as contended by the petitioner, because no proceeding is maintainable under sub-section (3)(i) of Section 16 of the Jharkhand Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 after its repeal by the Amendment Act, 2019. (Raised in the relief prayer; not adjudicated, as the petition was withdrawn.)

Ratio / Principle

Permission is accorded to the petitioner to withdraw the writ petition, with liberty to approach the revenue authority under the Member Board of Revenue.

Key takeaways

The writ petition stands disposed of with the liberty granted to approach the revenue authority under the Member Board of Revenue.ratio¶22
If any petition is filed under one or another provision, the concerned authority is expected to consider the same in accordance with law.obiter¶23

Detailed headnote1 paragraphs

Chhotu Mahto v. State of Jharkhand, W.P.(C) No.931 of 2026 (High Court of Jharkhand at Ranchi, decided 12.02.2026, Rajesh Kumar, J.). The writ petition sought certiorari to quash the Order dated 27.03.2025 passed by the L.R.D.C., Khorimahuwa, Giridih in Land Ceiling Case No. 02/2024-2025 and the appellate Order dated 25.11.2025 passed by the Deputy Commissioner cum District Magistrate, Giridih in Land Ceiling Appeal No. 06/2025, on the ground that no proceeding is maintainable under sub-section (3)(i) of Section 16 of the Jharkhand Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 after its repeal by the Amendment Act, 2019 (which inserted sub-section (4) of Section 16). Learned senior counsel for the petitioner sought leave to withdraw the petition with liberty to approach the revenue authority under the Member Board of Revenue. Permission was accorded and the petition stood disposed of with that liberty, with an expectation that the concerned authority would consider any subsequent petition in accordance with law. The jurisdictional challenge was not adjudicated on merits.

2026:JHHC:3783

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.931 of 2026

....

Chhotu Mahto, aged about 71 years, Son of Late Budhan Mahto, Resident of VillageKohbarwa, Post-Pihra, P.S.-Ganwan, District-Giridih (Jharkhand) .… Petitioner

Versus

The State of Jharkhand, through the Secretary, Revenue and Land Reforms Department, Government of Jharkhand, office at Project Bhawan, Dhurwa Ranchi, P.O.-Dhurwa, P.S.-Jaggarnathpur, District-Ranchi (Jharkhand)

Deputy Commissioner cum District Magistrate, Giridih, having its office at Paparwatand Colony, Mahesh Mundi, Giridih, P.O., P.S. & District-Giridih (Jharkhand)

Land Reforms Deputy Collector, having its office at village-Khorimahuwa, Giridih, P.O. & P.S.-Khorimahuwa, District-Giridih (Jharkhand)

Chandrika Mahto, Son of Late Chudu Mahto

Bijli Mahto, Son of Late Chudu Mahto

Raja Ram Mahto, Son of Late Chudu Mahta Respondent No.4 to 6, all are Resident of Jagdishpur, Post-Pihra, P.S.-Gawan, District-Giridih (Jharkhand) .... Respondents

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

For the Petitioner : Mr. R.S.P.Sinha, Sr. Adv. : Mr. Punit Kumar, Adv. For the State : Mr. Ratnesh Kumar, SC (L&C)-I

02/12.02.2026

Heard the parties.

The present writ petition has been filed for the following reliefs:“(A) For issuance of an appropriate writ(s) / order(s) / direction(s) and / or a writ in the nature of Certiorari for quashing of the Order dated 27.03.2025 (ANNEXURE 3, at Page No. 43 to 45) passed by the learned L. R. D. C., Khorimahuwa, Giridih (Respondent No. 3) in Land Ceiling Case No. - 02 / 2024 - 2025 and further prays to quash the Order dated 25.11.2025 (ANNEXURE - 4, at Page No. 46to48), passed by the learned Deputy Commissioner cum District Magistrate, Giridih (Respondent No.2) in Land Ceiling Appeal No. 06/2025 being without jurisdiction, arbitrary and nonest in the eye of law because no proceeding is maintainable under Sub- section (3) (i) of Section 16 of the Jharkhand Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land), Act, 1961 after its being repealed by the Amendment Act, 2019, by incorporating Sub- Section (4) of Section - 16 in the said Act at its place.

(B) For issuance of an appropriate writ(s) / order(s) / direction(s) directing the respondents concerned to put in abeyance the operation / execution / implementation of the Order dated 27.03.2025 (ANNEXURE-3, at Page No. 43 to 45) passed by the learned L. R. D. C., Khorimahuwa, Giridih (Respondent No. - 3) in Land Ceiling Case No. – 02 / 2024 – 2025 and the

2026:JHHC:3783

Order dated 25 - 11 - 2025 (ΑNNEXURE – 4, at Page No.46 to 48), passed by the learned Deputy Commissioner cum District Magistrate, Giridih (Respondent No. - 2) in Land Ceiling Appeal No. - 06 / 2025; during the pendency of the instant writ petition.”

Learned senior counsel for the petitioner seeks permission to withdraw the present writ petition with a liberty to approach the revenue authority under Member Board of Revenue.

Permission is accorded.

Accordingly, the present writ petition stands disposed of with the aforesaid liberty.

However, if any petition filed under one and another provision, it is expected that the concerned authority will consider the same in accordance with law.

(Rajesh Kumar, J.)

12.02.2026 Shahid/ Uploaded on 13.02.2026

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W.P.(C) No.931 of 2026