Advocates:
['SWEETY TOPNO', '', 'SARJU PRASAD', 'ATMA RAM CHAUDHARY', 'Ashish Kumar Verma', 'BIRENDRA KUMAR', 'P C ROY', 'S C LAND AND CEILING I', '', 'ANIL KUMAR SINGH', 'AHALYA MAHATO', 'R A GUPTA', 'H K MAHATO']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

[Civil Writ Jurisdiction]

W.P.(C) No. 5241 of 2005

Harihar Prasad

.... .. ... Petitioner

Versus

State of Jharkhand & Others.

.. ... ...Respondents

...........

CORAM

:HON'BLE MR. JUSTICE KAILASH PRASAD DEO

(Through :- Video Conferencing)

.........

For the Petitioner

: Mr. Sarju Prasad, Advocate

Mrs. Nilam Kumari, Advocate

For the respondent-State

: Mr. P.C. Roy, S.C. (L&C)-I

For the respondent no.3

: Mr. H.K. Mahato, Advocate

Mrs. Ahalya Mahato, Advocate

…...

17/ 23.03.2022.

Heard, learned counsel for the parties.

Petitioner- Harihar Prasad has preferred the instant writ petition for

quashing the order dated 16.07.2005, passed by learned Member, Board of

Revenue, Jharkhand in Revision Case No.45 of 2003, whereby the learned

Member, Board of Revenue has set aside the order of the appellate court, dated

24.09.2003, passed by Additional Collector, Hazaribagh, in Land Ceiling

Appeal No.3 of 2003, whereby the order passed by the Deputy Collector Land

Reforms, Ramgarh in Ceiling Case No.5/2000-2001 dated 16.01.2003 has

been set aside.

Learned counsel for the petitioner, Mr. Sarju Prasad has submitted that both

the orders, that is order passed by the LRDC, Ramgarh in Ceiling Case

No.5/2000-2001 on 16.01.2003 as well as order of the learned Member, Board

of Revenue dated 16.07.2005 in Revision Case No.45 of 2003 are bad in law

and not sustainable in the eyes of law rather the order passed by the Additional

Collector in Appeal No.3 of 2003 dated 24.09.2003 is in accordance with

Section 16(3) of Jharkhand Land Reforms (Fixation of Ceiling Area and

Acquisition of Surplus Land) Act, 1961 (hereinafter referred as Act, 1961).

Learned counsel for the petitioner, Mr. Sarju Prasad has further submitted,

that petitioner filed an application before the Land Reform Deputy Collector,

Ramgarh being a pre-emptor against the sale deed, which was executed by his

brother, Diwakar Prasad (respondent no.4) in favour of respondent no.3

(Jhagru Sao) with respect to 0.06 acres land of plot no.2266 under khata no.58

of Village Sukrigarh at that time situated in the District of Hazaribagh (now

situated in the District of Ramgarh) by virtue of registered sale deed No.16693

-2-

on 24.11.2000 for a valuable consideration of Rs.7,000/- without knowledge of

the petitioner, who is not only a co-sharer, but also a raiyat as defined under

Section 2(k) of the Act, 1961.

Learned counsel for the petitioner, Mr. Sarju Prasad has placed Section

2(k) of the Act, 1961, which may profitably be quoted hereunder:-

“2(k) "raiyat" means primarily a person who has acquired a right to hold land for the

purpose of cultivating it by himself, or by members of his family or by hired servants or

with aid of partners and includes also the successors in-interest or persons who have

acquired such a right and includes, in the district of Santhal Parganas' a village head man

in respect of his private land, if any, but does not include in the areas to which the

Chotanagpur Tenancy Act , 1908 (Ben. Act VI of 1908, applies a Mundari, Khuntkattidar or

a Bhuinhar;”

Learned counsel for the petitioner, Mr. Sarju Prasad has further submitted,

that to cancel the sale deed, petitioner invoked provisions in accordance with

law as contained under Section 16(3) of the Act, 1961.

Section 16(3) of the Act, 1961 reads as follows:-

16.- Restriction on future acquisition by transfer, etc.-

16 (3) (i) When any transfer of land is made after the commencement of the Act to any

person other than a co-sharer or a raiyat of adjoining land, any co-sharer of the transferor

or any raiyat holding land adjoining the land transferred, shall be entitled,

within three months of the date of registration of the document, of transfer, to make an

application before the Collector in the prescribed manner for the transfer of the land to him

on the terms and conditions contained in the said deed:

Provided that no such applic