DIWAKAR KRISHNA PARIHAST Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondent No.2 to forthwith register the sale-deed presented by the vendee, namely, Kumar Prabhakar in connection with the land appertaining to Jamabandi No. 36, Plot No. 115, Mouza-Karnibag, Thana No. 584, Circle-Deoghar, District-Deoghar, measuring an area of 5993.856 sq. ft. for which requisite fee and stamp duty have already been paid and all the required documents as per the checklist have been submitted.

(2.) Learned counsel for the petitioner submits that earlier the petitioner had filed a writ petition being W.P.(C) No. 5685/2018 before this Court for issuance of direction upon the respondents to issue the LPC of the said land in favour of the petitioner. The said writ petition was disposed of by this Court vide order dtd. 25/2/2019 directing the Deputy Commissioner, Deoghar to make endeavour for disposal of the application dtd. 28/2/2018 which was pending before the L.P.C Committee so as to dispose of the same within a reasonable period preferably within three weeks as per the time schedule provided under the relevant administrative order. Since the said order of this Court was not complied by the respondents, the petitioner was compelled to file Cont. (Cvl.) Case No. 775/2019. However, during pendency of the said contempt application, the respondents issued the LPC to the petitioner for the land in question. It is further submitted that one Shekhar Chaterjee being the owner of l/5th share of the land measuring an area of 68.50 Decimals (29969.28 sq. ft.)out of the total area of 3.44 Acres was in possession of the same during his life time. After death of Shekhar Chaterjee, his only heir/wife, namely, Purobi Chatterjee executed a power of attorney in favour of the petitioner conferring him the right to manage the said property and also to take steps for sale of the same. One Kumar Prabhakar intended to purchase part of the said land measuring an area of 13.76 Decimals (out of the total area of 68.50 Decimals) and contacted the petitioner for the said purpose. Accordingly, the sale-deed was drafted and was presented by Kumar Prabhakar for registration before the respondent No.2 on 18/7/2021. Requisite fee and stamp duty were paid as well as all the required documents were also submitted for the same. However, the respondent No.2 neither admitted the said sale-deed for registration nor assigned any reason for not registering the same. The petitioner represented the respondent No.2 on this issue on several occasions, however, the same were not considered which has compelled the petitioner to file the present writ petition.

(3.) Mr. A. K. Thakur, learned A.C to A.A.G-III appearing on behalf of the respondents, submits that at present he has no instruction as to for what reason the sale-deed presented by the vendee has not been registered by the respondent No.2.