IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P. (C) No. 5643 of 2008
...
Ram Chandra Prasad Singh
@ Ram Chandra Sharma & Others ... Petitioners
-V e r s u s-
The State of Jharkhand and Others ... Respondents
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CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
...
For the Petitioners : - Mr. V.Shivnath, Sr. Advocate
For the Respondents : - Mr. L.K.Lal, S.C. (L&C).
...
3 / 28.05.2009
Heard Sri V.Shivnath, learned senior counsel for the petitioners and
Sri L.K.Lal, S.C.(L&C) for the respondent State.
2. The petitioners in this writ application have prayed for issuance of
a direction to the respondents to accept and register the sale deed
presented by the petitioners on 18.10.2008 in respect of the transfer of their
Basouri (Homestead) land under Mouza Nilkanthpur @ Noorpur No. 415
within Deoghar Municipal, Ward No. 8, Jamabandi No. 204 part of Town
Plan Plot No. 155B area 11821.5 Sq. feet, in favour of the purchaser namely
Smt. Chanda Devi.
3. Learned counsel for the petitioner submits that the land under
reference, was acquired by the petitioners whereafter the same was
mutated in the names of the petitioners vide order dated 20.11.2007
passed in Mutation Case No. 589/07-08, indicating the land as Basouri
(Homestead) land.
The petitioners entered into an agreement for sale of their aforesaid
lands for specified consideration, with the above named purchaser on
29.04.2008 and thereafter executed a sale deed for transfer of the land in
favour of the purchaser through their legally constituted attorney. When
the sale deed was presented before the Sub-Registrar for registration, the
same was refused on the ground that the petitioners have to produce a no
objection certificate with regard to the land.
4. Shri V.Shivnath, learned counsel for the petitioner submits that the
demand for no objection certificate, as made by the Sub-Registrar, is
totally illegal and arbitrary in as much as no objection certificate is not
required at all in respect of the Basouri (Homestead) lands and as per the
decision laid down by this Court in its judgement passed in the case of
Doman Prasad Yadav Vs. State of Jharkhand and Ors. reported in
2008(1) JLJR 506.
5. Learned counsel for the respondent State fairly concedes that no
objection certificate is not required in respect of Basouri (Homestead)
lands in view of the fact that the prohibition under Section 20 of the
Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 creates a
bar for registration or transfer of Raiyati lands by way of sale and gifts
and such bar does not apply to homestead lands.
6. An identical issue was raised before this Court in the case of
Doman Prasad Yadav (Supra). A Single Bench of this Court has held that
in the case of transfer of Basouri land, the registering authority has no
ground for asking for no objection certification from the Circle Officer.
Learned counsel for the petitioner informs that when the directions
contained in the judgement of this Court passed in the case of Doman
Prasad Yadav was not complied with by the respondent authorities, a
contempt petition vide Contempt Case (C) No. 648 of 2008 was initiated.
In the show cause filed in the contempt case by the opposite party No. 5
namely the Additional Collector, Deoghar, a categorical declaration by
way of admission was made in the following manner :-
“………… However, there is no question of asking “No
Objection Certificate” in case of transfer of Basouri land ………”
Learned counsel explains that the aforementioned admission of the
respondent authorities has been referred to only to emphasize the fact that
the respondent authorities have themselves acknowledged and accepted
the fact that for the transfer of Basouri (Homestead) land, there is no bar
under the Santhal Parganas Tenancy (Supplementary Provisions) Act,
1949.
7. Considering the above facts and circumstances, this writ
application is allowed. The respondents are directed to accept and register
the sale deed presented by the petitioners for the sale of their lands
mentioned as Basouri (Homestead) lands, in favour of the purchaser
without insisting for production of no objection certificate, subject
however, to the condition that there is no other legal impediment for
registration.
(D.G.R. Patnaik, J.)
Birendra/