IN,
THE COURT OF LAND REFORMS DEPUTY COLLECTOR, RANCHI
Mutation Appeal No. …………./2025
RITA GUPTA, aged about …… years, son of Anil Kumar Gupta, by faith sanatan, by occupation-
Business, resident of 95 N Nalin Enclave, New Alipore, Kolkata, West Bengal.
………….APPELLANT.
VERSUS
1. STATE OF JHARKHAND (through Circle Officer, Khelari, Ranchi).
2. ANIL KUMAR GUPTA, son of Raghunandan Lal Gupta, resident of 95 N Nalin Enclave,
New Alipore, Kolkata, West Bengal.
..............OPPOSITE PARTIES.
(An appeal against the order passed by C.O. Khelari Anchal Ranchi in Mutation Case
No.- 53/2024-2025 dated 25.09.2024).
The above named appellant appeals
to this Learned Court against the
order passed by the Circle Officer
Khelari Ranchi in Mutation Case
No.- 53/2024-2025 dated
25.09.2024).
Facts of the case:- The land in question is situated at Mauja Lepra, Anchal Khelari,
Thana No.-1, Khata No.-42, Plot No.- 419, Area- 8.22 Acres which is subject to the
matter of appeal.
History of the Land:- That the aforesaid land by virtue of the Registered deed of
Conveyance dated 10th July, 1982 Brij Gopal Beriwala, Srigopal Beriwala, Aloke Kumar
Beriwala and Radheyshyam Beriwala jointly transferred the said piece and parcel of land
to one Subhash Kumar Sawadia and the same was recorded on registered in the office
of the Registrar of Assurance Calcutta and recorded in Book No. I, Volume No.-227,
Pages 70 to 80, Being No.- 6041 total measuring an area of 8.22 acres recorded in Khata-
42, Plot no.-419, Mauja- Lepra, Thana- Budmu, Sub- Division Sadar of District Ranchi..
Further Subhash Kumar Sawadia agreed to sell a piece and parcel of land measuring an
area of 8.22 acres in plot no.-415 of Khata No.-42 of village- Lepra to one Sudhir Kumar
Bindal by virtue of Sale deed No.-……..dated 17.09.1987 which was recorded in the
register in the office of the Registrar of Assurance Calcutta and recorded in Book No. I,
Volume No.-VI., Pages 349 to 354, Being No.- 2436 for the year 1987 total measuring an
area of 8.22 acres in year 1987.
Now, this Sudhir Kumar Bindal being absolute owner and being in free possession of the
said land transferred to one Rita Gupta by virtue of Registered Sale deed No. ……… dated
24.08.1993 which is recorded in Book no.-………., Page no.-………….. Volume no.-……… of
…….. registered at Registrar of Assurance-III, Kolkata, West Bengal.
Then the owner of the said land applied i.e. Rita Gupta for Mutation as Dakhil Kharij
Case No.- 53/2024-2025 dated on 07.07.2024 and was rejected making a remarks
“Avedit Bhumi Survey Khatiyan mein Gairmajarua Malik Bhumi Kism Majhola Jungle Darj
Hai” on 25.09.2024.
Being aggrieved and after the knowledge also after the legal consultation took a
decision of appeal.
Being aggrieved and
dissatisfied by the order passed
by the C.O. Khelari in Mutation
Case No.-53/2024-2025 dated
25.09.2024 the Appellant begs
to prefer this appeal on the
following amongst other.
GROUNDS:-
1. For that the circle officer Khelari, Ranchi was wrong to reject the petition for mutation in
limine without serving notice to the running zamabandi panjidar and Power of Attorney
Holder.
2. For the C.O. Khelari, Ranchi has rejected the petition without entering in the order
passed in Mutation Case No. 53/2024-2025 and also without going into their own
records/register/jamabandi/panji and without considering title and actual possession of
the applicant.
3. For that Learned court below has acted illegally and with material irregularities has not
considered that zamabandi panji holder to serve notice before passing any order for
mutation.
4. For that the Learned court below has not considered that main vendors and power
holder which has obtained by the registered sale deed and registered power of
attorney.
5. For that C.O. Khelari, Ranchi has also not considered that mutation can be held by
having possession over the land in question.
6. For that in fact and circumstances of the case the aforesaid order has been passed in
hurry without considering the merit of the case.
7. For that the learned court below has not considered the pros and cons of the entire case
and by ignoring the entire material facts order has been passed on false, baseless and
non-sustainable grounds.
8. For that the impugned order is erroneous one.
9. For that the impugned order appealed against is otherwise bad in law as appellant being
the bonafide owner in possession enjoying the same in his own chattel.
10. For that C.O. Khelari, Ranchi erred both in law and facts.
11. For learned court below misconceived the material documentary evidences and
misinterpreted or ignored the material issues necessary for mutation.
The reliefs sought by this
appeal is that the
Learned Appellate court
pleased to CALL FOR
LOWER COURT RECORDS
in Mutation Case
No………………….
AND
The Learned Appellate
Court be pleased to set
aside the order passed
by the Circle Officer
Khelari, Ranchi in
Mutation Case No.-
53/2024-2025 dated
25/09/2024.
AND
Such other order/orders
and relief/reliefs as the
Court may deem fit and
proper in circumstances
of the case.
AND
For which the Appellant shall ever pray.
SCHEDULE OF PROPERTY
A piece and parcel of land situated at Mauja- Lepra, Anchal- Khelari, Thana No.-1,
Khata No.-42, Plot No.-415, Area-9 Acres bounded as:
North:- by the land belonging to Brij Gopal Beriwala & Ors;
East:- Partl Plot No.418 belonging to Kamal Kumar Beriwala;
South:- 66’-0” wide Road.
West:- Boundry Wall.
CERTIFICATE
This is to certify that as an advocate of the appellant I have gone through the
pleading, the evidences and other materials and on being convinced about the
merit of the appellant’s case, I have advised him to prefer an appeal.
Advocate of Appellant.
List of Documents:
i. Memo of Appeal.
ii. Impugned order with order sheet.
iii. Vakalatnama.
iv. Copy of deed.
v. Copy of registered power of attorney.
vi. Copy of net generated Panji II.
vii. Receipt of Malgujari paid till 2024-2025.
