Pinku Kumar son of Bhola Prasad Modi vs State Of Jharkhand through the Chief Secretary

Gautam Kumar Choudhary, J

Mother of the petitioner- Kaushilya Devi had purchased the land measuring an area 50 decimals appertaining to Plot No.24, Khata No.73, Mauza Masnodih, District Koderma and after the said purchase, her name was duly mutated Mutation Case No.1426(X) 98-99 and rent was accepted and rent receipts being issued in favour of her till 2024-25.

Online entries with respect to the said land were also made and Jamabandi is presently running in the name of the mother of the petitioner.

The peaceful possession of the petitioner was disturbed by respondent nos.6 – 19 and for protection of legal rights, the petitioner moved before Superintendent of Police vide memo no.57 dated 13.09.2024. A report was called for from the concerned police station and Circle Officer to confirm the status of the ownership in favour of the petitioner. On the report of the Circle Officer, a proceeding under Section 163 of the BNSS, 2023 was initiated by the Sub Divisional Magistrate, Koderma which has been registered as Case No.01 of 2025 on 14.01.2025.

The main grievance of the petitioner is that despite admittedly having title and possession over the land, the private respondents are disturbing their physical possession, and the Circle Officer, Domchanch has ironically declared it to be a public land.

Law is settled that occupant in settled possession cannot be dispossessed by a trespasser, he is entitled to protect the legal right emanating out of his title and possession. Provisions contained in Section 164 of the BNSS, 2023, are intended to protect the possession of the person who was in occupation before the dispute arose.

In view of the fact that the proceeding under Section 163 of the BNSS, 2023, has lapsed and that the Circle Officer had no authority to cancel the Jamabandi and declare it to be a public land, instant writ petition has been filed.

Learned counsel on behalf of State seeks adjournment to file counter affidavit to bring all necessary facts on record.

From submission advanced on behalf of the petitioner, prima facie it appears that the land in question is recorded in the name of the petitioner and his possession appears to be disturbed by the respondents-parties. The petitioner has alternative remedy under both civil and criminal law as Sub Divisional Magistrate could have initiated the proceeding to protect the settled possession of the petitioner under the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 on the basis of the report of the Superintendent of Police and the Sub Divisional Magistrate.

Under the circumstance, the petitioner may file a representation afresh before the Sub Divisional Magistrate, Koderma to protect the physical possession over the land in which he claims to have Raiyati right. Sub Divisional Magistrate, Koderma will take appropriate steps as per law on the representation submitted within two weeks after submission of the said representation.

Writ Petition stands disposed of. Interlocutory Application, if any, is disposed of.