The right to property is a constitutional right that cannot be deprived without due process and adherence to principles of natural justice.

JUDGMENT :

DEEPAK ROSHAN, J.

1. The instant writ application has been preferred by the petitioner for quashing the order dated 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 dated 23.8.1988. Thereafter, the petitioner got his name mutated through mutation case no. 210(VI)/1988-89 dated 31.03.1989 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 dated 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 dated 13th December, 2024 passed in W.P. (C) No. 847 of 2023 (Brinda Devi Agarwal Vs. State of Jharkhand):

“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 an application for mutation which was allowed vide order dated 24th of December 2007 and revenue rent receipts was issued in the favour of the Petitioner.

11. A bare perusal of the impugned order dated 11th of November 2022 will show that the land was marked as ‘suspicious’, and it was only on the basis of the same that the land forming subject matter of the instant writ petition was put in the prohibited list. The Respondent-State has not countered the fact that notices were not issued to the Petitioner prior to the jamabandi of the Petitioner being marked as ‘suspicious’ or before the land was entered in the prohibited list of NGDRS.

12. It is trite law that right to property and its enjoyment is not only a constitutional right but also a human right. The Hon’ble Apex Court in the case of Lachhman Dass vs. Jagat Ram and Ors.,2007 10 SCC 448 has held that the right to property is a constitutional right guaranteed under Article 300A of the Constitution of India and if there is any entity claiming a superior ri