BINOD KUMAR BHUKANIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ application has been preferred by the petitioner for quashing the order dtd. 10/10/2023 (Annexure-8) passed by the Deputy Commissioner in Misc. Case No. 12/2023, whereby the prayer of the petitioner for releasing of his raiyati land from NGDRS has been rejected on the ground that the land in question is recorded as 'ANABAD BIHAR SARKAR' in The Revisional Survey Khatiyan. The petitioner has further sought issuance of a direction upon the concerned respondent for taking steps to release the land in question from the prohibited list of NGDRS.

(2.) The brief facts of the case are that the petitioner purchased 33 decimal land in village Kangalo (Mauza No.128) under Khata No.33 (old) corresponding to New Khata No.81, Plot No.350 (old) corresponding to Plot No.498, 511 and 512 (New) District Dhanbad through registered Sale Deed No. 10226 dtd. 23/8/1988. Thereafter, the petitioner got his name mutated through mutation case no. 210(VI)/1988-89 dtd. 31/3/1989 and got his name recorded in Register-II through Zamabandi No. 197. After mutation, he has regularly been paying rent to the State Government and rent receipt was granted in the favour of petitioner. The Circle Officer, Govindpur through Memo No. 672 dtd. 30/5/2022 has issued Zamabandi certificate and the name of the petitioner is mentioned as Raiyat in the schedule of online Continuous Khatiyan. Thereafter, the petitioner came to know that his raiyati land has been listed in the NGDRS and recorded as 'ANABAD BIHAR SARKAR' due to which he is facing difficulty in sale of land against which he applied before Deputy Commissioner, Dhanbad for release of his land from the said list which was rejected. Hence, this writ application.

(3.) The issue in the present writ application is covered by the judgment dtd. 13/12/2024 passed in W.P.(C) No. 847 of 2023 (Brinda Devi Agarwal Vs. State of Jharkhand).