Inclusion of property in a prohibited list without notice violates the right to property and principles of natural justice under Article 300A, rendering such administrative actions arbitrary and illegal.

JUDGMENT :

DEEPAK ROSHAN, J.

The instant writ application has been preferred by the petitioner to quash the list of prohibited land (Annexure-12) issued by the Revenue Department, which prohibits the registration of transfer of land and to direct the respondents not to refuse the registration of the petitioner’s land transfer based on the unilaterally prepared prohibited list.

2. The brief facts of the case are that the land of petitioner is situated at Mouza Panduki, P.S.-Govindpur, Mouza No. 90, New Khata No. 203 (Old Khata No. 114), new Plot No. 29 (Old Plot No. 3), area measuring 121 Decimals, New Plot No. 30 (Old Plot No. 3), area measuring 39 Decimals, New Plot No. 3 (Old Plot No. 3), area measuring 20 Decimal, New Plot No. 25 (Old Plot No. 13), area measuring 57.03 Decimals, New Plot No 89 (Old Plot No. 37), area measuring 55 Decimals, New Plot No. 90 (Old Plot No. 40), area measuring 213 Decimals, New Plot No. 93 (Old Plot No. 44), area measuring 19 Decimals, New Plot No. 157 (Old Plot No. 72, 73,74,216), area measuring 209 Decimals, New Plot No. 1062 (Old Plot No. 734), area measuring 47 Decimals, New Plot No. 507 (Old Plot No. 315), area measuring 12 Decimals, New Plot No. 506 (Old Plot No. 317), area measuring 1 Decimal, New Plot No. 505 (Old Plot No. 316), area measuring 2 Decimals, New Plot No. 503 (Old Plot No. 314), area measuring 31 Decimals, New Plot No. 534 (Old Plot No. 329), area measuring 21 Decimals, New Plot No. 1057 (Old Plot No. 707), area measuring 23 Decimals, New Plot No. 535 (Old Plot No. 331), area measuring 5 Decimals, New Plot No. 536 (Old Plot No. 331), area measuring 11 Decimals, Total area measuring 886.03 Decimals. The land is settled under the name of petitioner-company through registered sale deed bearing Sale Deed No. 4556 dated 28.03.2011, Sale Deed No. 1560/1224 dated 07.04.2015 and Sale Deed No. 765/607 dated 20.02.2015 and has also been paying rent and the last rent receipts that were issued in favour of petitioner for the respective Sale Deeds were till the years 2020-21, 2020-21 and 2016-17. However, without rhyme and reason and without issuing notice; the land of the petitioner was included in the Prohibited List prepared by the Government of Jharkhand which makes the land non- transferable in favour of others as such the petitioner is not able to transfer the land for his urgent money requirements.Hence, this writ application.

3. The issue in the present writ application is covered by the judgment dated 13th December, 2024 passed in W.P.(C) No. 847 of 2023 (Brinda Devi Agarwal Vs. State of Jharkhand). For brevity, relevant paragraph is quoted herein below:-

“9. Before delving deep into the matter, it would be appropriate to examine the important issues involved in the instant writ petition:

(I) Whether the entry of the land in the prohibited list of NGDRS has civil consequences? (II) Whether the Respondent-State can put the land in the prohibited list under NGDRS without following due procedure of law and the principles of natural justice?

10. Having gone through the records of the case and after hearing the rival contention of the parties across the bar, it is an admitted fact that the land forming subject matter of the instant case was settled in the favour of the predecessor-in-interest of the Petitioner, namely Hari Prasad Agarwal in the year 1948 through a registered patta bearing number 1167 of 1948. The land was thereafter sold one to another individual namely Lalita Bhanote vide a registered sale deed dated 31st of March 1989. The Petitioner purchased the land in the year 2007 vide a registered sale deed dated 30th of November 2007. After the Petitioner purchased the land, she filed