JHARKHAND HIGH COURT ISSUES ORDER ON UMA SHANKAR SINGH AND ANR. V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, Jan. 7 -- Jharkhand High Court issued the following order on Dec. 8:

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

"i. For issuance of appropriate writ(s)/order(s)/direction(s) particularly in the nature of certiorari for quashing the list of prohibited land (Annexure 8) issued for prohibition of registration of transfer of land by The Revenue, Registration and Land Reforms Department, State of Jharkhand for the land situated at Mouza Kutumsukari, Thana No. 43, Circle Ichak, Khata No. 291, Plot No. 7, area measuring 4.66 Decimals within the district Hazaribag.

ii. For issuance of appropriate writ(s)/order(s)/direction(s) directing the respondents to remove the land in question from the prohibited list of National Generic Document Registration System (NGDRS).

iii. For issuance of appropriate writ(s)/order(s)/direction(s) particularly in the nature of mandamus commanding upon the respondents not to refuse registration of the land in question in the garb of showing the land in question in prohibited list unilaterally prepared by the respondents;

iv. For issuance of appropriate writ(s)/order(s)/direction(s) particularly in the nature of mandamus commanding upon the respondents not to harass the petitioner and not let the petitioners to run from one office to another without there being any fault on the part of the petitioners and accept the sale deed so presented for registration of transfer of land in question by the respondent no. 5."

2. The action of the State is based upon the notification No. 1132 dated 26.08.2015, which is on the basis of Section 22-A of the Registration Act, 1908. The Section 22-A of the Registration Act, 1908 has already been declared ultra vires by the Division Bench of this Court vide order dated 01.05.2025, passed in W.P.(C) No. 5088 of 2018 and analogous cases.

3. In view of the order dated 01.05.2025 of the Division Bench of this Court, the impugned list of prohibited land as contained in Annexure-8 of the present writ petition, is hereby quashed and set aside so far as the present writ petitioners are concerned.

4. Accordingly, the present writ petition stands disposed of.

5. However, the petitioners are at liberty to approach the concerned authority for their remedy and the authority is directed to consider the same as per the law.

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