IN THE HIGH COURT OF JHARKHAND AT RANCHI ....

Niraj Kumar, son of Late Binod Jaiswal, aged about 35 years, Resident of Village-

Mahgama, P.O.-Mahgama, P.S.-Mahgama, District-Godda, Jharkhand .… Petitioner Versus

1. The State of Jharkhand through Deputy Commissioner, Godda, P.O. & P.S.-

Godda, and District-Godda

2. Additional Commissioner, Godda, P.O. & P.S.-Godda, Distt.-Godda, Jharkhand

3. Sub Divisional Officer, Mahgama, P.O. & P.S.-Mahgama, Distt.-Godda, Jharkhand

4. Circle Officer, Mahgama, P.O. & P.S.-Mahgama, Distt.-Godda, Jharkhand

5. Sunder Ram Tibrewal, son of Late Ramotar Ram Marwari

6. Raghunath Tibrewal, son of Late Purushottam Ram Marwari

7. Kamal Tibrewal son of Late Bihari Tibrewal

8. Balkrishna Tibrewal son of Late Bihari Tibrewal

9. Anil Tibrewal son of Late Loknath Tibrewal

10. Basudeo Tibrewal son of Late Girdhari Tibrewal

11. Dipak Tibrewal son of Late Badri Tibrewal

12. Kailash Tibrewal son of Late Shyam Lal Tibrewal

13. Dilip Tibrewal son of Late Vishwanath Tibrewal

14. Sumitra Devi, W/o Late Raju Tibrewal, R/o-Village & P.O.-Mahagama, P.S.-

Mahagama, District-Godda, Jharkhand, Pin-814154

15. Gopal Tibrewal son of Late Devi Prasad Ram

16. Alok Tibrewal, S/o-Vinod Tibrewal, R/o-Village-P.O. & P.S.-Mahagama, District-Godda, Jharkhand, Pin-814154

17. Ashok Tibrewal son of Late Govind Ram Tibrewal

18. Manoj Tibrewal son of Late Shiv Tibrewal All are resident of Village & Post-Mahgama, P.S. Mahgama, Distt.-Godda, Jharkhand-PIN-814154 .... Respondents ....

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Rajeev Kumar, Adv.

For the Respondents : Mr. Niraj Kr. Mishra, AC to GP-IV : Mr. Suraj Verma, Adv. : Mr. Navin Kumar, Adv.

....

13/15.01.2026 I.A. No.11693 of 2025

1. Upon notice, legal heirs of respondent No.14 and 16 have already appeared.

2. Let the names of legal heirs of the deceased be entered by the registry in course of the day.

3. Accordingly, I.A. No.11693 of 2025 stands disposed of.

1. Notice is complete.

2. Heard the parties.

3. The present writ petition has been filed for the following relief:-

“For issuance of appropriate writ(s), order(s) or writ in the nature of mandamus directing the respondent No.4 to record the name of the petitioner in Register-II and accordingly the amount of rent should be released in his name.”

4. The description of land has been disclosed in para-6 of the main writ petition which reads as under:-

“Mauja Khaira, Thana No.532, Jamabandi No.23, Rakba 36 Bigha, 14 Kattha and 02 Dhur.”

5. It has been submitted by the learned counsel for the petitioner that he is the descendent of khatiyani raiyat and as such his name should be entered in Register-II. For this purpose, he has relied upon one and another annexures and counter affidavit filed by the respondents.

6. It has been further submitted that the documents of both the parties has been evaluated and it has been found by the revenue authority that the document of the petitioner is more genuine rather more authentic.

On that basis, they are under the duty bound to enter the name of the petitioner in Register-II.

7. The law operating in the field is the Bihar Tenant’s Holdings (Maintenance of Records) Act, 1973. Relevant Sections i.e. Section 14, 15 and 16 are quoted hereinbelow:-

“14. Requisition and disposal of mutation case.—(1) On receipt of notice under Sections 4, 5, 6, 7, 8, 9 and 10 or an application under Sections 11 and 12 or a report under Section 13, the Anchal Adhikari shall start a mutation proceeding and after entering it in the mutation case register which shall be maintained in the prescribed form shall cause such enquiry to be made as may be deemed necessary.

(2) The Anchal Adhikari shall issue a general notice and also give notice to the parties concerned to file objection, if any, within fifteen days of the issue of the notice. On receipt of objection, if any, the Anchal Adhikari shall give reasonable opportunity to the parties concerned to adduce evidence, if any, and of being heard and dispose of the objection and pass such ord