High Court Rules Against State’s 2016 Authority to Deputy Commissioners
Jharkhand High Court’s decision invalidates the state-granted power to Deputy Commissioners for canceling registered sale deeds.
RANCHI – Justice Gautam Kumar Chaudhary of the Jharkhand High Court has nullified the authority granted in 2016 by the state government to Deputy Commissioners regarding the cancellation of registered sale deeds.
The court declared that Deputy Commissioners lack the legal right to annul registered deeds, deeming the state’s directive as unlawful.
This judgment also included the specific instance of the Deoghar Deputy Commissioner’s order for an FIR against Anamika Gautam, wife of Godda MP Nishikant Dubey.
The decision came after the court’s careful deliberation on 33 petitions challenging the Deputy Commissioners’ orders on deed cancellations.
Advocates Prashant Pallav and Partha Jalan, representing the applicants, argued that after registration, only a civil court, not a Deputy Commissioner, has the authority to cancel deeds.
This ruling highlights the legal overreach in the 2016 state government’s letter, which improperly empowered Deputy Commissioners.
The applicants, including Online Entertainment Private Limited’s director Anamika Gautam, contested the Deputy Commissioners’ orders and the state’s directive.
Initially, the 2016 state government order allowed Deputy Commissioners to annul sale deeds and lodge FIRs in cases of alleged wrongful land registration through fraud.
With this significant legal development, the Jharkhand High Court has clarified the limits of administrative power in property matters, reinforcing legal procedures and the jurisdiction of civil courts.
