STATE OF JHARKHAND Vs. AASHA DEVI

JUDGEMENT

(1.) The case is taken up through Video Conferencing.

(2.) The present civil review petition has been preferred for review of the order/judgment dtd. 26/11/2020 passed by this Court in W.P.(C) No. 2293 of 2019 whereby the said writ petition has been disposed of with a direction to the Sub-Registrar, Lohardaga (the petitioner No.2) to register the sale-deed of the land in question presented by the respondents.

(3.) Learned counsel for the petitioners submits that the petitioner No.2 vide order dtd. 10/5/2018, refused to register the sale-deed executed by the respondent Nos. 2 to 6 in favour of the respondent No.1 in respect of the land appertaining to Khata No. 57, Plot No. 1042, corresponding to new Survey Khata No. 126, Plot No. 1236, Village-Harmu, P.S-Lohardaga, District- Lohardaga, measuring an area of 05 Decimals. Thereafter, the respondent No.2 preferred a writ petition being W.P.(C) No. 4129 of 2018 before this Court which was disposed of vide order dtd. 28/8/2018 with a liberty to him to prefer an appeal under Sec. 72 of the Indian Registration Act, 1908. Thereafter, the respondent No.1-the purchaser of the aforesaid land preferred an appeal before the Deputy Commissioner, Lohardaga being Misc. Appeal No. 04 of 2018-19 which was dismissed vide order dtd. 22/2/2019. The sole ground for dismissal of the said appeal was that the said land was acquired by the government for public purposes by way of Gazette Notification of Ranchi district dtd. 20/3/1993 issued in pursuance of the order dtd. 16/3/1993 passed by the Additional Collector, Lohardaga in Land Ceiling Case No. 47/1973-74 under the provision of Sec. 15(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 as the said land was found beyond the ceiling limit and was thus declared to be the surplus land. However, the order dtd. 16/3/1993 passed by the Additional Collector, Lohardaga in Land Ceiling Case No. 47/1973-74 was challenged by the landlord-Jagniwas Sharma in Land Ceiling Appeal No. 03/1999 before the Deputy Commissioner, Lohardaga, who allowed the said appeal and set aside the order of the Additional Collector, Lohardaga vide order dtd. 26/6/2008 holding inter alia that the land which were donated to the family deity of the said landlord, were also included as surplus land. It was also observed by the Deputy Commissioner, Lohardaga that the landlord-appellant was entitled to get exemption from the land ceiling area of total three units including himself as his two sons were major on the appointed day to decide the land ceiling area in Land Ceiling Case No. 47/1973-74. Thereafter, the Deputy Commissioner, Lohardaga preferred Revision Case No. 29/2009 before the Member, Board of Revenue, Jharkhand against the order dtd. 26/6/2008 passed by his predecessor in Appeal No. 03/1999. In the meantime, the respondent No.1 filed a writ petition being W.P.(C) No. 2293 of 2019 before this Court. During pendency of the said writ petition, the said revision filed before the Member, Board of Revenue, Jharkhand was dismissed as not maintainable vide order dtd. 11/9/2019 and thereafter the said writ petition was also disposed of vide order dtd. 26/11/2020 quashing the order dtd. 10/5/2018 passed by the Sub-Registrar, Lohardaga as well as the order dtd. 22/2/2019 passed by the Deputy Commissioner, Lohardaga with further direction to the Sub-Registrar, Lohardaga to register the sale-deed of the land in question presented by the respondents.