IN,
THE COURT OF LAND REFORMS DEPUTY COLLECTOR, RANCHI
Mutation Appeal No. …………./2025
ADITYA GUPTA, aged about 38 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.- 54/2024-2025 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.- 52/2024-2025 dated
24.09.2024).
Facts of the case:- The land in question is situated at Mauja Lepra, Anchal Khelari,
Thana No.-1, Khata No.-42, Plot No.- 415, Area- 9 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 of November, 1971 was transferred to Meera Devi Kedia and
was recorded on registered in the office of the Registrar of Assurance Calcutta and
recorded in Book No. I, Volume No.-167, Pages 288 to 294, Being No.- 4367 total
measuring an area of 13 acres being sub-divided plot no.-08 formed out of a farm
known as Booth’s Farm also known as Plot N.-07 of village- Hesalong and Plot No-08 of
Lepra.
Now, by another indenture of conveyance dated 13th November, 1971 one Rama
Shankar Upadhyay purchased a peiece and parcel of land was recorded in register in the
office of the Registrar of Assurance Calcutta and recorded in Book No. I, Volume No.-
162, Pages 293 to 299, Being No.- 4414 total measuring an area of 2.22 acres being a
portion of the then sub plot No.-08 formed out of farm also known as Booth’s Farm also
known as Plot N0.-7 of village- Hesalong.
Asha Devi Beriwal, being seized and possessed of two several plots measuring area of 13
acres and 2.22 acres respectively both the then plot no.-08 of the said Booth’s Farm
delineated in the map to the said indenture of conveyances aggregating to 15.22 acres
subsequently recorded in Settlement records of the revenue department of the
Government of Bihar as Plot no.-86 containing 2 acres and Plot-415 containing 13.22
acres in Khata No-42 of village- Lepra, Thana-Budmu, Sub-division Sadar in the District
Ranchi.
Further Asha Devi Beriwal agreed to sell a piece and parcel of land measuring an area of
9 acres in plot no.-415 of Khata No.-42 of village- Lepra to one Ashok Kumar Gupta by
virtue of Sale deed No.-……..dated01.03.1982 which was recorded in the register in the
office of the Registrar of Assurance Calcutta and recorded in Book No. I, Volume No.-87.,
Pages 177 to 187, Being No.- 1538 total measuring an area of 9 acres in year 1982.
Further Ashok Kumar Gupta executed a General Power of Attorney in favour of Anil
Kumar Gupta on 6th July, 2007 duly registered before Additional Registrar of Assurances-
III, Kolkata, West Bengal, recorded as Deed No.-5597 of 2007.
Now, this Anil Kumar Gupta by virtue of Registered Sale deed No. 4820 dated
24.04.2012 sold this piece of land to Aditya Gupta 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 for Mutation as Dakhil Kharij Case No.-
52/2024-2025 dated on 08.07.2024 and was rejected making a remarks “Avedit Bhumi
Survey Khatiyan mein Gairmajarua Malik Bhumi Kism Majhola Jungle Darj Hai” on
24.09.2024.
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.-52/2024-2025
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…………………………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 appelled 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.- 52/2024-
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:- Partly by the land belonging to Ramesh Kumar Beriwala;
East:- By the land belonging to Asha Devi Beriwala;
South:- by the land belonging to Shanti Devi Beriwala
West:- partly by the land belonging to Krishna Kumar Beriwala and partly by the
land belonging to Ramesh Kumar
Beriwala.
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.
