Nirmal Kachhap @ Nirmal Munda S/o Deosingh Munda v. State of Jharkhand
2025-03-17
RAJESH SHANKAR
body2025
DigiLaw.ai
JUDGMENT : RAJESH SHANKAR, J. 1. The present writ petition has been filed for issuance of direction upon the concerned respondent to provide the certified copy of the entire order sheet of Mutation Case No. 142 R 27/1991-92 dated 18.11.1991 as a requisition has been made by the petitioner for obtaining the certified copy of entire order sheet of the said mutation case vide petition no. 12510 dated 22.05.2024 (Annexure-6 to the writ petition) before the respondent no. 3 – the District Record Room In-charge Deputy Collector, Ranchi, however, the certified copy of the same has not been supplied to him. Further prayer has been made for issuance of direction upon the respondent no. 5 – the Circle Officer, Namkum, Ranchi to enquire into the matter and pass an order accordingly in terms with letter no. 4094 dated 15.12.2022 (Annexure-5 to the writ petition) issued by the respondent no. 4 – the Land Reforms Deputy Collector, Ranchi. 2. Learned counsel for the petitioner submits that different plots of Khata No. 80, Village-Kiski, PS-Namkum, Thana No. 292, District-Ranchi, total area of 3 acres 85 decimals were originally recorded in the name of Sigrai Munda @ Kheto Munda in the revisional survey records of rights as ‘Kayami Land’. The said recorded tenant during his lifetime possessed and cultivated the said land. He died leaving behind his only son Deosingh Munda, who also cultivated the same and died leaving behind his only son namely, Nirmal Kachhap @ Nirmal Munda i.e., the petitioner. 3. It is further submitted that the petitioner had joined the Indian Army in the year 1992-93 and during the service period, he used to seldom come to the said village. However, having retired from the Indian Army, the petitioner finally returned home. While verifying his ancestral land, he came to know that out of 3 acres 85 decimals of land under Khata No. 80, 3 decimals land appertaining to Plot No. 551 has been deducted and the online entry of the same shows only 3 acres 82 decimals of the land. Thereafter, the petitioner came to know that the said 3 decimals land was mutated in the name of the respondent no. 6 vide Mutation Case No. 142 R27/1991-92 dated 18.11.1991. Accordingly, the petitioner applied for certified copy of the orders passed in the said mutation case before the respondent no.
Thereafter, the petitioner came to know that the said 3 decimals land was mutated in the name of the respondent no. 6 vide Mutation Case No. 142 R27/1991-92 dated 18.11.1991. Accordingly, the petitioner applied for certified copy of the orders passed in the said mutation case before the respondent no. 5 on 22.05.2024, however, no action was taken on the same which has compelled him to prefer the present writ petition. 4. Mrs. Sunita Kumari, AC to Sr. SC-II appearing on behalf of the respondent nos. 1 to 5, submits that if the petitioner files a fresh application along with the requisite fee before the respondent no. 5 seeking the certified copy of the orders passed in Mutation Case No. 142 R27/1991-92, the same will be duly accepted and the certified copy of the same will be provided to him within a reasonable period. 5. Having heard learned counsel for the parties and considering the nature of the prayer made in the writ petition, without entering into merit of the case, the petitioner is given liberty to prefer a fresh application along with requisite fee seeking certified copy of the orders passed in the aforesaid mutation case before the respondent no. 5. On receipt of the said application, the respondent no. 5 shall process the same and provide the certified copy of the said orders to the petitioner within four weeks from the date of filing of the application. 6. The writ petition is accordingly disposed of with aforesaid liberty and direction.