Jharkhand High Court
Pritindra Narayan Roy & Ors vs State Of Jharkhand & Ors on 18 October, 2011
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C)No.822 of 2011
1. Pritindra Narayan Roy.
2. Samrendra Narayan Roy.
3. Smt. Jayabati Roy. ... ... ... ...Petitioners
Versus
1. State of Jharkhand.
2. Deputy Commissioner cum District Registrar at
P.O. & P.S. Deoghar, District Deoghar.
3. District SubRegistrar at P.O. & P.S. Deoghar,
DistrictDeoghar. ... ... ... ...Respondents
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CORAM: HON'BLE MRS. JUSTICE POONAM SRIVASTAV
For the Petitioners: Mr. V. Shivnath, Sr. Advocate.
Mr. Birendra Kumar, Advocate.
For the Respondents: Mr. Pankaj Kumar Choudhary,
J.C. to S.C. (Mines).
04/ 18.10.2011 Heard Shri V. Shivnath, Sr. Advocate assisted by Mr. Birendra
Kumar, Advocate appearing on behalf of the petitioners and Mr. Pankaj
Kumar Choudhary, J.C. to S.C.(Mines) appearing on behalf of the
respondents.
2. No counteraffidavit is required in the instant writ petition
since the matter is squarely covered by the decision of a Single Bench of
this Court passed in W.P.(C)No.6667 of 2010 dated 10th August, 2011.
3. After hearing the respective Counsels, I am in agreement
with the matter, which is covered by the aforesaid decision.
4. Instant writ petition is preferred for a direction in the nature
of mandamus to respondent nos.2 & 3 for registering the sale deed in
respect to lands appertaining to portion No. Town (Ka), Thoka No.16 at
Madhupur Municipality, Mouza Lakhna, which is a Basauri land under
SubRegistry, Deoghar.
5. It is asserted on behalf of the petitioner that building is
constructed on the aforesaid land and, therefore, it is a Basauri land.
Sale deed was presented for registration, having been executed on 26th
October, 2010, which was returned on a direction given by the Deputy
CommissionerRespondent No.2, vide Memo No.133 dated 31st January,
2008. The objection was that the prerequisite of registration of the sale
deed is a No Objection Certificate granted by the Circle Officer of the
area and in absence of such No Objection Certificate, no sale deed can be
registered.
2.
6. Learned Counsel has brought to my notice that the bar on
registration of the sale deed only after obtaining a No Objection
Certificate, is provided under Section 20 of the Santhal Pargana Tenancy
Act, 1949 but this bar is applicable only in case the land to be registered
is a raiyati land.
7. The question of alternative remedy is also not available to
the counsel as appellate authority is Respondent No.2 on whose direction
the Respondent No.3 refused to register the sale deed. Therefore, the
appeal is not available though it may provide for an alternative remedy.
8. Admittedly, the land in question sought to be registered and
executed on 26th October, 2010 is a Basauri land. This fact also stands
admitted in the counteraffidavit on behalf of the respondents.
9. Under these circumstances, the requirement of No Objection
Certificate by the respondent is an uncalled for exercise and therefore,
the instant writ petition is preferred.
10. I have also looked into the decision of Doman Prasad
Yadav Vs. State of Jharkhand & Others, 2008 (1) JLJR 506 in which
this Court had allowed the writ petition and issued direction for
registration of the sale deed in respect of a Basauri land without No
Objection Certificate. The judgment, delivered in the case of Shyam
Sundar Barnwal Vs. State of Jharkhand & Others decided on
14.05.2004
in W.P.(C)No.1325 of 2004 is annexed as AnnexureA with
the counteraffidavit, was squarely distinguished.
11. I have gone through both the judgments and I am in
agreement with the order passed in the case of Doman Prasad Yadav
(supra).
12. In view of what has been stated above, I allow this writ
petition and issue a direction to the Respondent Nos. 2 & 3 not to raise
any objection in registration of the sale deed and the Respondent No.3
shall go ahead and register the sale deed forthwith after it is presented
by the parties in accordance with law.
P.K.S. [Poonam Srivastav,J.]